Legal Opinion

Johnnie C. George v. State

District Court of Appeal of Florida

Decided January 27, 2017No. Case 5D16-2190PublishedCited by 1 opinion

1Opinion of the CourtLambert, J.

Johnnie Clarence George (“Appellant”) appeals from his convictions for sale or delivery of cocaine within 1000 feet of a park and conspiracy to sell or deliver cocaine within 1000 feet of a park. We affirm the conviction for the sale or delivery of cocaine without further discussion. However, we reverse the conspiracy conviction because there is a complete failure of proof to establish the commission of this crime.

Section 777.04(3), Florida Statutes (2015), provides, in pertinent part, that “[a] person who agrees, conspires, combines, or confederates with another person or persons to commit…

2Cases cited9 opinions

  1. Tibbs v. StateSupreme Court of Florida · 1981
  2. F.B. v. StateSupreme Court of Florida · 2003
  3. Brown v. StateSupreme Court of Florida · 1938
  4. Fernandez v. StateDistrict Court of Appeal of Florida · 2016
  5. O'CONNOR v. StateDistrict Court of Appeal of Florida · 1991

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3Cited by1 opinion

  1. Webster v. Secretary, Florida Department of CorrectionsDistrict Court, M.D. Florida · 2020

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