Hergott v. State

ON RETURN TO REMAND

McMILLAN, Judge.

This cause was remanded to the trial court for a determination of whether the barn and garden, in which the marijuana was found, were within the curtilage of the appellant’s home. 554 So.2d 1139. The trial court found that the marijuana was not located within the curtilage of the appellant’s residence. The trial court found that the location of the marijuana was more than 100 yards from the appellant’s residence and that state’s witness, James Horsley, was more than 100 yards from the appellant’s residence when he first observed the marijuana and was,…