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240 So. 2d 827

Tracy v. State

District Court of Appeal of Florida

Decided November 17, 1970

District Court of Appeal of Florida · decided 1970-11-17

Relies on Borras v. State · 196 So. 2d 8 - Walker v. State

Decided 1970-11-17

PER CURIAM.

¶1Appellant was convicted and sentenced to two years imprisonment upon charges of possession of marijuana after a trial by jury.

¶2Numerous questions are raised for our consideration on this appeal and though the points are ably presented, we hold that they are not grounds for reversal.

¶3The contention that appellant’s arrest was without probable cause and that the seizure of marijuana from appellant’s pocket was pursuant to an unlawful search is refuted by the decision in Walker v. State, 196 So.2d 8 (Fla.App.1967).

¶4Appellant’s contention that the statutory provisions prohibiting the possession of marijuana are constitutionally invalid has been rejected by our Supreme Court in Borras v. State, 229 So.2d 244 (Fla.1969).

¶5Accordingly, the judgment appealed herein is

¶6Affirmed.

JOHNSON, C. J., and WIGGINTON and SPECTOR, JJ., concur.
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