Legal Opinion

Nicholas v. State

District Court of Appeal of Florida

Decided July 28, 2010No. 2D07-5400PublishedCited by 12 opinions

1Opinion of the Court

VILLANTI, Judge.

James Nicholas appeals his convictions for trafficking in cocaine (200 grams to 400 grams) and conspiracy to traffic in cocaine (200 grams to 400 grams), alleging numer*299ous errors. We affirm on all grounds except one, which requires reversal of the trafficking conviction because the State failed to produce sufficient evidence of constructive possession of cocaine. We also write to explain why we reject Nicholas’ argument regarding the removal of a juror during trial.

The charges against Nicholas stemmed from an undercover investigation of suspected large-scale drug trafficking.…

2Cases cited30 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Singer v. StateSupreme Court of Florida · 1959
  3. Loftin v. WilsonSupreme Court of Florida · 1953
  4. De La Rosa v. ZequeiraSupreme Court of Florida · 1995
  5. State v. OdomDistrict Court of Appeal of Florida · 2003

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3Cited by12 opinions

  1. State of Tennessee v. Bobby Lee RobinsonTennessee Supreme Court · 2013
  2. Tucker v. StateDistrict Court of Appeal of Florida · 2016
  3. Cosio v. StateDistrict Court of Appeal of Florida · 2017
  4. McNeil v. StateDistrict Court of Appeal of Florida · 2014
  5. LEOTON SEARS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020

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