JOHN AVERY, APPELLANT,

v.

SHERRY WAGNER, APPELLEE

Citator

Cited By

• 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…
• 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…
• 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.…