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332 So. 2d 679

Montgomery v. State

District Court of Appeal of Florida · decided 1976-05-12

Cited by 2 later decisions — most recently February 1979

2 state decisions

Relies on 79 So. 2d 673 - Tongay v. State · Jackson v. State · 238 So. 2d 493 - State v. Dycus

Good law ✅— No negative treatment on recordhow we know

Decided 1976-05-12

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BY THE COURT.

¶1Montgomery was charged with and found guilty of possession of, importation of, and possession with intent to sell more than five grams of marijuana. A jury found him guilty of all charges. He was adjudged guilty and sentenced.

¶2Montgomery appeals and contends the trial court erred in the following respects:

¶31. By denying his motion to suppress the marijuana. We do not agree. State v. Dycus, 238 So.2d 493 (Fla.App.2d, 1970). We affirm.

¶42. By allowing a police officer to be qualified and give expert testimony. We do not agree. Tongay v. State, 79 So.2d 673 (Fla.1955). We affirm.

¶53.By imposing a sentence on each of the three offenses. We agree. Jackson v. State, 311 So.2d 811 (Fla.App.1st, 1975). We affirm the sentence imposed on the offense charged in count one, but reverse the sentences imposed on the offenses charged in counts two and three.

¶6Affirmed in part, and reversed in part.

MILLS, Acting C. J., SMITH, J., and AGNER, ROYCE, Associate Judge, concur.
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