WILLIAM JOSEPH THAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SMITH, Judge.
Thames appeals from his conviction of possession of more than five grams of marijuana, contending that the evidence was insufficient to show his possession of the substance. Police, executing a search warrant, found the marijuana in the top drawer of a dresser in the bedroom where Thames was sleeping. Others shared possession of the house. Yet, the drawer that contained the marijuana also contained mail addressed to Thames, and a photograph of Thames was hung on the wall of the bedroom. The evidence was sufficient to show that Thames was in exclusive possession of the bedroom or, if it was in his joint possession only, he had knowledge of the presence of the marijuana in the drawer and the ability to maintain control over it. See Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976).
AFFIRMED.
MILLS, Acting C. J., and ERVIN, J., concur.
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Citator
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Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981)…howing that she possessed the marijuana so as to sustain her conviction; the Court found it immaterial whether she possessed the marijuana alone or jointly with her husband). The Florida courts have also recognized these principles. Thames v. State, 366 So. 2d 1261 (Fla. 1st DCA 1979), cert. denied 378 So. 2d 350 (Fla.1979); Winchell v. State, 362 So. 2d 992 (Fla. 3rd DCA 1978); Norman v. State, 362 So. 2d 444 (Fla. 1st DCA 1978); Norris v. State, 351 So. 2d 729 (Fla. 3rd DCA 1977); Dixon v. State, 343 So. 2d…
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Thompson v. State, 375 So. 2d 633 (Fla. 4th DCA 1979)…sale of the drug and had made an earlier sale to officers of the drug he was charged with possessing. A very recent case may have upheld a conviction on constructive possession from occupancy alone under the Spataro definition. In Thames v. State, 366 So. 2d 1261 (Fla. 1st DCA 1979) the opinion is so brief as to be cryptic, but it reads as an endorsement of Spataro that proof that the accused occupied a room either exclusively or jointly with others is sufficient to support a conviction of possession of ille…
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O'Quinn v. State, 373 So. 2d 964 (Fla. 1st DCA 1979)…to the exclusion of a reasonable doubt ' that the appellant O’Quinn was in actual or constructive possession of the controlled substances which were the subject of the information. Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967); Thames v. State, 366 So. 2d 1261 (Fla. 1st DCA 1979). AFFIRMED. MILLS, C. J., and SHIVERS, J., concur.…
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- van Griffin v. State, 336 So. 2d 127 (Fla. 1st DCA 1976)