State v. Higdon

FULMER, Judge.

The State appeals the trial court’s ruling granting Quintus Higdon’s motion for judgment notwithstanding the verdict and reducing Higdon’s conviction from sale or delivery of cannabis within 1000 feet of a convenience business to simple possession of cannabis. We reverse because the trial court should have reduced the conviction to sale of cannabis instead of simple possession.

The State charged Hidgon with sale or delivery of cannabis within 1000 feet of a convenience business, in violation of section 893.13(l)(e), Florida Statutes (1999). A trial was held, and the jury returned…