Thursday, September 16, 2010

Law Updates, September 10, 2010

Alleyne, 35 FLW 1971, 4th DCA, Possession of Marijuna with Intent to Sell - Circumstantial evidence was insufficient where evidence did not exclude reasonable hypotheses of innocence that the marijuana was for personal use.

T.D.W., 35 FLW, 1972, 4th DCA, state failed to establish element of robbery charge because it presented no evidence to negate juvenile's testimony that he had good faith belief that he was the owner of the cell phone which was the object taken during the robbery. Cell phone is type of property that claim-of-right defense applies.

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

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