Nixon v. State

This is a direct appeal from convictions and sentences for grand theft and possession with intent to use drug paraphernalia. We affirm the conviction and sentence for grand theft, but reverse the conviction and sentence for possession of drug paraphernalia, because there was insufficient evidence of intent to use the paraphernalia to ingest a controlled substance.

According to section 893.147(l)(b), Florida Statutes, “[i]t is unlawful for any person to use, or to possess with intent to use, drug paraphernalia: ... [t]o inject, ingest, inhale, or otherwise introduce into the human body a…