Florida District Courts of Appeal, 2002

Hubbard v. State

Florida District Courts of Appeal · Decided October 23, 2002 · Kahn, Miner, Webster

828 So. 2d 494; 2002 Fla. App. LEXIS 15492; 2002 WL 31373676 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Laine v. State (Fla. Dist. Ct. App. 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant seeks review of his conviction for felony possession of marijuana. He argues that the trial court should have granted his motion for a judgment of acquittal. We agree. Because the state failed to present evidence sufficient to establish a prima facie case on the element of guilty knowledge — i.e., that appellant knew of the presence of the marijuana and its illicit nature — the trial court should have granted the motion for a judgment of acquittal. See, e.g., Scott v. State, 808 So.2d 166 (Fla. 2002); Chicane v. State, 684 So.2d 736 (Fla. 1996); Rutskin v. State, 260 So.2d 525 (Fla. 1st DCA 1972). Accordingly, we reverse, and remand with directions that the trial court vacate the judgment of conviction and order placing appellant on probation and enter a judgment of acquittal.

*495REVERSED and REMANDED, with directions.

MINER, KAHN and WEBSTER, JJ„ concur.

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