Legal Opinion

Ewing v. State

District Court of Appeal of Florida

Decided February 25, 2011No. 2D09-6020PublishedCited by 2 opinions

1Opinion of the Court

ALTENBERND, Judge.

Bobby Lee Ewing appeals his judgments and sentences for possession of methamphetamine with intent to sell,1 sale of methamphetamine,2 possession of drug paraphernalia,3 and possession of a structure used for trafficking in a controlled substance.4 For each of the felonies, he received a concurrent ninety-month term of imprisonment. We affirm all of the convictions with the exception of the conviction for possession of methamphetamine with intent to sell. As to that offense, the trial court erred in failing to give a jury instruction on simple possession of methamphetamine as…

2Cases cited5 opinions

  1. Carle v. StateDistrict Court of Appeal of Florida · 2008
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1990
  3. Wilcox v. StateDistrict Court of Appeal of Florida · 1996
  4. In Re Standard Jury Instructions in Criminal Cases-Report No. 2010-02Supreme Court of Florida · 2010
  5. Murphy v. StateDistrict Court of Appeal of Florida · 1996

3Cited by2 opinions

  1. Lesovsky v. StateDistrict Court of Appeal of Florida · 2016
  2. Tatara v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2020

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