Casey v. State

MILLS, Judge.

The defendant appeals from a judgment of conviction and sentence based on a jury verdict which found him guilty of possession of hashish as charged in the information. The issue is whether the state proved the charge it made against the defendant. It did not.

The state charged the defendant with unlawful possession of hashish, a Schedule I controlled substance, in violation of Section 893.13(1) (e), Florida Statutes. Although the state proved that the defendant had possession of hashish, it failed to offer proof that hashish was a Schedule I controlled substance which was…