Sundin v. State

SILBEKMAN, Judge.

Brian Lee Sundin seeks review of his judgment and sentence for possession of cocaine and possession of drug paraphernalia. We reverse because the State failed to establish a prima facie case on both charges.

At trial, Detective Ryan Kmiee testified that his narcotics unit was conducting undercover drug purchases at the Value Lodge on U.S. 19 in New Port Richey on April 25, 2007. Detective Kmiee was working as backup when he observed Sun-din cross U.S. Highway 19 on foot and enter room 221 of the Value Lodge. Detective Kmiee did not testify regarding the manner in which Sundin…