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: Florida Criminal Law Opinions

Santiago v. State, Case No. 2D07-3631 (Fla. App. 10/8/2008) (Fla. App., 2008)

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ERIC SANTIAGO, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 2D07-3631. District Court of Appeal of Florida, Second District. Opinion filed October 8, 2008. Appeal from the Circuit Court for Manatee County, Janette Dunnigan, Judge. Chris M. Pratt, Palmetto, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Judge. Eric Santiago appeals his convictions for trafficking in heroin and possession of hydrocodone. Because the State failed to establish that Mr. Santiago had constructive possession of the hydrocodone and the requisite trafficking quantity of heroin, we are compelled to reverse. The proof the State presented at trial supports a conviction for the lesser-included crime of possession of heroin predicated on the quantity of the illegal drug found in plain view...continue to full post

Full post as published by Florida Criminal Law Opinions on October 08, 2008 (boomark / email).

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