Johnson v. State

This is an appeal from a conviction for possession of cocaine (Count I) and possession of paraphernalia (Count II), from the scoring for the sentence imposed as to Count I and from the assessment of a special public defender fee. We affirm the conviction and sentence for possession of cocaine, reverse the conviction and sentence for possession of paraphernalia with direction to vacate same, and reverse the special public defender fee with remand for a noticed hearing.

As to the charge of possessing paraphernalia, the trial court improperly denied appellant’s motion for judgment of acquittal as…