McIntyre v. State

DAUKSCH, Judge.

This is an appeal from a conviction and a cross-appeal from a sentence in a criminal case. We affirm the conviction but quash the sentence.

Appellant alleged in his motion to dismiss, filed under Florida Rule of Criminal Procedure 3.190(c)(4), that he was a passenger in a car which contained cocaine. Appellant said he was with two others in the car and that he had no knowledge of the existence of the drug and no control over it. The state denied his assertions by filing a traverse to the motion to dismiss. Thus a factual dispute existed at that time — the state said he did and…