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Title: Jerald Anthony Wade v. State Florida
Author : First District Court of Appeal of Florida
Release Date : January 05, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

This cause is before us on appeal of appellant's convictions for constructive possession of marijuana, cocaine, and paraphernalia.
Appellant has presented three issues for our consideration, (1) whether the evidence was sufficient to support convictions
for constructive possession on all three charges, (2) whether the 1988 amendments to the Habitual Offender Act were constitutional,
and (3) whether the trial court erred in sentencing appellant as a habitual offender without making the requisite findings.
Because we find appellant's first argument meritorious, we need not address the other two. Appellant and four others were arrested in November 1988 when police made a late-night "sweep" of a Pensacola hotel. When
police looked through an open doorway into the room appellant and the others occupied, they saw them standing around a dresser
top covered by various illegal items. Among other things, police could see marijuana, rolling papers, a crack pipe, and razor
blades. The smell of burnt marijuana lingered in the air.

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