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Criminal Law

: JAABlog

CASES

By Jeffrey Ivashuk

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Criminal law -- Possession of cocaine with intent to sell or deliver within 1000 feet of church -- Possession of less than 20 grams of cannabis -- Constructive possession -- Error to deny motion for judgment of acquittal on counts charging possession of cocaine and cannabis where drugs were found in baggies which were concealed in ceramic house on kitchen counter of residence jointly occupied by defendant, his girlfriend, and girlfriend's children and state did not present sufficient evidence to show beyond reasonable doubt that defendant knew of presence of drugs and had ability to exercise dominion and control over themReported at 33 Fla. L. Weekly D636b Criminal law -- Second degree murder with weapon -- Attempted second degree murder with weapon -- Aggravated battery with deadly weapon -- Trial court erred in failing to grant motion for judgment of acquittal on charges of second degree murder and attempted second degree murder where state failed to prove that defendant acted out of ill will, hatred, spite, or evil intent -- Remand with instructions to enter judgment of conviction for manslaughter with weapon and attempted manslaughter with weapon and to resentence defendant accordinglyReported at 33 Fla...continue to full post

Full post as published by JAABlog on February 29, 2008 (boomark / email).

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