Legal Opinion

Neil J. Lemaster v. State

District Court of Appeal of Florida

Decided July 30, 2014No. 4D13-1727PublishedCited by 1 opinion

1Opinion of the CourtStevenson, J.

Neil J. Lemaster and Paul David Wilder were jointly tried for the sale of oxycodone within 1,000 feet of a church and posses sion of oxycodone. Both were found guilty as charged. In this appeal, defendant Le-master challenges his convictions. While defendant raises a number of issues on appeal, we find merit in only one: his claim that the evidence was insufficient to support his conviction for sale of oxyco-done within 1,000 feet of a church. We write solely to address this issue.

Section 893.18(l)(e)l., Florida Statutes (2011), makes it a first degree felony to “sell ... or possess with…

2Cases cited3 opinions

  1. Cox v. StateDistrict Court of Appeal of Florida · 2000
  2. Wallace v. StateDistrict Court of Appeal of Florida · 2002
  3. Moore v. StateDistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Thomas Andrew Vana, Jr. v. State of FloridaDistrict Court of Appeal of Florida · 2025

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