Moore v. State

POLEN, Judge.

Appellant seeks review of his judgment and sentence of four and one-half years incarceration for possession of cocaine in violation of section 893.03, Florida Statutes (1987). We affirm in part and reverse and remand in part.

Appellant was arrested while cutting down a marijuana plant in his brother’s yard where at least thirty-nine other plants were growing. All of the plants were seized and their gross weight was 3,600 grams. Appellant’s brother testified that it was his house and marijuana and appellant was just visiting. Appellant and his brother were charged and convicted for…