Thomas v. State

MOORE, Judge.

This is an appeal from a conviction for delivery of marijuana. Appellant had also been charged with grand larceny and conspiracy to deliver marijuana. The State entered a nolle prosequi on the grand larceny count and, after a mistrial (hung jury) as to the conspiracy count, the State entered a nolle prosequi as to that count.

We reverse the conviction for delivery of marijuana because the evidence was insufficient to sustain the conviction.

Federal authorities had seized large quantities of marijuana from two vessels. The marijuana was being stored in the Martin County jail until…