Bernard L. Ash v. State
District Court of Appeal of Florida
1Per curiam
Bernard Letrell Ash appeals his conviction for the sale of a controlled substance within 1000 feet of a public housing facility. He argues that the trial court erred in denying his motion for judgment of acquit tal because the State did not prove that the property near which he sold the controlled substance was a public housing facility, citing Luther v. State, 68 So.3d 384, 385 (Fla. 5th DCA 2011). Although the appellant in Luther successfully raised the same issue on appeal, the Luther opinion is of little precedential value because it did not discuss in any detail the evidence presented at…
2Cases cited2 opinions
- Pagan v. StateSupreme Court of Florida · 2002
- Luther v. StateDistrict Court of Appeal of Florida · 2011