J.L.F. v. State

J.L.F., a juvenile, appeals the order adjudicating him delinquent for possession of a counterfeit controlled substance with in*433tent to sell in violation of section 831.31(l)(a), Florida Statutes (2001). J.L.F. contends that because the State failed to present sufficient evidence to sustain the conviction, the trial court erred in denying his motion for judgment of acquittal. We agree.

The specific issue we must resolve is whether an individual may be convicted of possession of a counterfeit controlled substance with intent to sell merely by possessing a package containing the substance. We hold…