Luther v. State

The defendant, Anthony Luther, was convicted pursuant to section 893.13(l)(f), Florida Statutes (2009), of selling cocaine within 1,000 feet of a public housing facility. We agree with Luther that the State failed to prove that the location where the drugs were sold was a public housing facility. The trial court, therefore, erred in failing to grant the defendant’s motion for judgment of acquittal on that ground. 1

Accordingly, we reverse Luther’s conviction for selling cocaine within 1,000 feet of a public housing facility and remand with instructions to the trial court to adjudicate Luther…