Fleming v. State

En Banc

POLEN, J.

Appellant Tyrone Fleming appeals his judgment and sentence that the trial court ordered pursuant to two charges against him, including a possession of cocaine charge, and raises the issue of the denial of his motion for judgment of acquittal on the cocaine charge. In an earlier decision, Marrisette v. State, we held that “[wjithout some testimony ... as to why the cocaine was unavailable at trial, the court should have granted Marrisette a judgment of acquittal on the cocaine possession charge.” 780 So.2d 1020, 1021 (Fla. 4th DCA 2001). By en banc decision, we now recede from…