Smith v. State

Reshard Smith appeals his conviction of possession of cocaine within 1000 feet of a church with intent to sell, a violation of section 893.13(l)(e)l, Florida Statutes (1999). We reverse and remand with instructions to the trial court to reduce the conviction to possession of cocaine and to resentence accordingly.

Approached by a police officer in front of an apartment building, Smith ran into one of the apartments with the officer in pursuit. He was found in a bedroom in one of the apartments. When ordered to come out, he complied and was arrested. Found in his possession were two unwrapped…