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285 So. 2d 43

Dickens v. State

District Court of Appeal of Florida

Decided November 9, 1973

District Court of Appeal of Florida · decided 1973-11-09

Relies on Frank v. State · Arant v. State · 210 So. 2d 486 - Markman v. State

Decided 1973-11-09

WALDEN, Judge.

¶1There being no merit to defendant-Dickens’ appeal, Case No. 73-401, his conviction for unlawful possession of a barbiturate drug is affirmed.

¶2As 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.

¶3Affirmed as to case no. 73-401; reversed as to case no. 73-402.

CROSS and MAGER, JJ., concur,
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