Court of Appeal for Ontario

CITATION: R. v. Rogers, 2011 ONCA 539

DATE: 20110803

DOCKET: C53285

BEFORE: Feldman, Blair and Watt JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

Nikolas Rogers

Appellant

COUNSEL:

Phillip Millar, for the appellant

Ghazala Zaman, for the respondent

Heard and endorsed: July 28, 2011

On appeal from conviction entered by Justice E. McGrath, of the Ontario court of Justice, dated June 9, 2010

APPEAL BOOK ENDORSEMENT

[1] The Crown concedes that the verdict of guilty of possession of cocaine was an unreasonable verdict. That verdict is therefore set aside and an acquittal entered. The appellant did not seek leave to appeal sentence. Consequently, we are not able to address the issue of the sentence as it applies to the conviction for possession of marijuana on the appeal before us.