Dickens v. State

Full title: OTIS DICKENS AND CAREY GRANT NEAL, APPELLANTS, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 9, 1973

285 So. 2d 43 (Fla. Dist. Ct. App. 1973)

Opinion

Nos. 73-401 and 73-402.

November 9, 1973.

Consolidated appeals from Circuit Court, Indian River County; D.C. Smith, Judge.

Richard L. Jorandby, Public Defender, and Richard S. Power, Asst. Public Defender, West Palm Beach, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

There being no merit to defendant-Dickens' appeal, Case No. 73-401, his conviction for unlawful possession of a barbiturate drug is affirmed.

As to Defendant-Neal, the state failed to prove constructive or actual possession. Following the dictate of Smith v. State, Fla.App. 1973, 276 So.2d 91, we reverse the conviction of Defendant-Neal, case No. 73-402. See also Frank v. State, Fla.App. 1967, 199 So.2d 117; Markman v. State, Fla.App. 1968, 210 So.2d 486; Arant v. State, Fla.App. 1972, 256 So.2d 515.

Affirmed as to case no. 73-401; reversed as to case no. 73-402.

CROSS and MAGER, JJ., concur.