Friday, August 13, 2010

Law Updates for August 6, 2010

Nicholas, 35 FLW 1668, 2nd DCA, Trafficking in cocaine,constructive possession - Defendant's statement that he cooked and sold unknown quantity of cocaine at an unknown time and that he had sold large quantities of drugs in the past were not sufficient to establish constructive possession of large quantity of cocaine found in co-conspirator's apartment.

Stone, 35 FLW 1687, 4th DCA, State cannot appeal ruling granting JOA by the court after the jury is sworn but before the verdict is rendered. State's failure to present evidence after being given an opportunity to do so, and not a defect in the indictment or other ground unrelated to factual guilt or innocence, was not an appealable order dismissing an indictment. Appeal would have violated def's double jeopardy rights.

The Law Offices of Roger P. Foley, P.A.

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