District Court of Appeal of Florida

Nothing in Fla. R. Crim. P. 3.380(c) prohibits a defendant from making a posttrial motion for judgment of acquittal after sentencing as long as the motion is made within ten days after the reception of the verdict. Convictions and sentences for possession of marijuana and maintaining a structure for the use or sale of controlled substances are affirmed in part, but reversed as to the latter conviction where the state failed to prove that defendant maintained his residence for the purpose of using, selling, or keeping illicit drugs.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• STRINGER, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.