Brown v. State

Appellant-defendant, Buell Leon Brown, III, appeals a judgment adjudging him *53guilty and imposition of sentence for the offense of possession of marijuana in excess of five grams. We reverse.

On January 21, 1974, officers of the Orlando Police Department stopped an automobile, in which the defendant was riding as a passenger, for exceeding the speed limit. While issuing a citation to the driver of the automobile, Officer Douglas observed marijuana seeds in plain view on the floorboard and front seat of the automobile. Officer Oestrich, upon notification by Officer Douglas that marijuana seeds…