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Nichols v. State

District Court of Appeal of Florida, Fourth District
Jun 8, 1971
248 So. 2d 199 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-679.

April 19, 1971. Rehearing Denied June 8, 1971.

Appeal from the Criminal Court of Record for Palm Beach County, Vaughn J. Rudnick, J.

Seymour L. Gaer, of Gaer Rosengarten, Miami, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and James M. Adams, Asst. Atty. Gen., West Palm Beach, for appellee.


Based upon our appellate review, we are of the opinion, using the words of the issue as presented, that the trial court did have authority to adjudicate the defendant guilty on defendant's plea of guilty to an attempt to commit the offense charged in the information. Thomas v. State, Fla.App. 1967, 201 So.2d 834.

Further, we believe that attempted possession of marijuana is an offense recognizable under the laws of this state. F.S. 776.04, Laws of 1969, F.S.A.

Affirmed.

WALDEN and OWEN, JJ., concur.

CROSS, C.J., dissents, without opinion.


Summaries of

Nichols v. State

District Court of Appeal of Florida, Fourth District
Jun 8, 1971
248 So. 2d 199 (Fla. Dist. Ct. App. 1971)
Case details for

Nichols v. State

Case Details

Full title:BRUCE RICHARD NICHOLS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 8, 1971

Citations

248 So. 2d 199 (Fla. Dist. Ct. App. 1971)

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