Legal Opinion

McFarlane v. State

District Court of Appeal of Florida

Decided March 21, 2018No. Case No. 2D16–5462Published

1Opinion of the Court

KELLY, Judge.

Eric McFarlane challenges his convictions for possession of cocaine with intent to sell and criminal mischief. We agree with his argument that reversal is required on his conviction for possession of cocaine with intent to sell because the State failed to prove the cocaine was intended for sale rather than for personal use. However, we find no merit in McFarlane's remaining argument and, accordingly, affirm his conviction for criminal mischief.

A detective stopped McFarlane's car because he recognized McFarlane and suspected he was driving with a suspended license. Upon confirming…

2Cases cited5 opinions

  1. Jackson v. StateDistrict Court of Appeal of Florida · 2002
  2. Lesane v. StateDistrict Court of Appeal of Florida · 2005
  3. Phillips v. StateDistrict Court of Appeal of Florida · 2007
  4. Williams v. StateDistrict Court of Appeal of Florida · 1990
  5. Thomas v. StateDistrict Court of Appeal of Florida · 2017

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