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Florida District Courts of Appeal, 1973

Dickens v. State

Dickens v. State
Florida District Courts of Appeal · Decided November 9, 1973 · Cross, Mager, Walden
285 So. 2d 43 (Southern Reporter, Second Series)

Dickens v. State

Opinion of the Court

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,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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