Caldwell v. State, 73--580

• Decision Date: 27 November 1973
• Docket Number: No. 73--580,73--580
• Citation: 286 So.2d 27
• Parties: Edward Earl CALDWELL, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 27

286 So.2d 27

Edward Earl CALDWELL, Appellant, v. The STATE of Florida, Appellee.

No. 73--580.

District Court of Appeal of Florida, Third District.

Nov. 27, 1973.

Kramer & Telander, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Linda Hertz, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Defendant-appellant was informed against for unlawful sale of cannabis (Fla.Stat. § 404.02, F.S.A.), tried by jury, found guilty, and sentenced to three (3) years in the state penitentiary.

On appeal, appellant contends that the evidence was not sufficient to sustain the conviction for sale of cannabis.

Contrary to appellant's contention, after a review of the record on appeal we find that the evidence presented to the trial court was sufficient to sustain the conviction. Cf. Straub v. United States, 351 F.2d 304 (5th Cir. 1965) and Harris v. State, Fla.App.1969, 229 So.2d 670.

Accordingly, the judgment of the court below is affirmed.

Affirmed.