TONY KWABENA LOVELACE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2020-08-17
No. 19-0243
Florida District Court of Appeal, First District (2020)


Opinion of the Court
Jay

PER CURIAM.

Tony Lovelace was convicted of one count trafficking in heroin, one count possession of methamphetamine with intent to sell, one count possession of cocaine with intent to sell, two counts of child neglect, and one count possession of drug paraphernalia. We agree the evidence was not legally sufficient to support the charges of trafficking in heroin and possession of cocaine with intent to sell, and the trial court should have granted Lovelace’s motions for judgment of acquittal on those counts. See, e.g., Hill v. State, 873 So. 2d 491, 492 (Fla. 1st DCA 2004); Santiago v. State, 991 So. 2d 439 (Fla. 2d DCA 2008). We reject Lovelace’s other issues on appeal and affirm the remaining convictions. Accordingly, we reverse the convictions for trafficking in heroin

and possession of cocaine with intent to sell, vacate the sentence, and remand for resentencing on the remaining counts. AFFIRMED in part, REVERSED in part, and REMANDED with instructions. B.L. THOMAS, WINOKUR, and JAY, JJ., concur. _____________________________


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