Opinion
No. 80-701.
March 24, 1982.
Appeal from the Circuit Court for Hardee County, E. Randolph Bentley, J.
Michael S. Hacker of Hacker Matters, Miami, for appellants.
Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.
James William Johnson and Duff Crothers appeal judgments and sentences for trafficking in cannabis. We reverse.
Unfortunately this case has been pending here for nearly two years, through no fault of ours. This deplorable delay was due in part to delay (presumably unavoidable) in transcription of the record and in part to delay on the part of counsel for appellants in filing numerous motions and in failing to provide this court at the outset with a record sufficient to enable this court to properly dispose of this case.
The parties stipulated and the trial court in effect found that since there was no search warrant, appellants had made a prima facie showing of the illegality of the search, yet the court went on to nevertheless leave the burden of proof on appellants. Under Bicking v. State, 293 So.2d 385 (Fla. 1st DCA 1974), and Mann v. State, 292 So.2d 432 (Fla.2d DCA 1974), this was error compelling reversal.
Of the other points raised by appellants, the challenge of the statute's constitutionality is without merit, State v. Benitez, 395 So.2d 514 (Fla. 1981), and the other is moot in view of our disposition of this case.
Accordingly, appellants' judgments and sentences are REVERSED and the cause REMANDED for discharge of appellants.
HOBSON, A.C.J., and SCHOONOVER, J., concur.