BOBBY LEE COLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Bobby Lee Coley appealed an order modifying his probation based on the discovery of a sawed-off shotgun in his girlfriend's apartment. The court reversed, finding insufficient evidence that Coley had knowledge of the weapon's presence when it was discovered in a jointly controlled bedroom.
The court held that constructive possession and control of a weapon discovered in a jointly possessed area is insufficient to sustain modification of probation. Possession and control must be established by proof and cannot be inferred from joint occupancy alone, particularly where the defendant denies knowledge and there is no other evidence linking him to the weapon.
[1] Proof of knowledge of the presence of contraband is required to establish constructive possession.
[2] Joint control over an area where contraband is found does not, without more, establish a defendant's knowledge of the contraband's presence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Constructive possession and control of a weapon by a defendant, where the weapon was discovered in joint possession, is insufficient to sustain a modification of probation.”
States the core legal principle that joint possession alone cannot support probation modification.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA sawed-off shotgun was discovered under a bed in an apartment bedroom that was under joint control of Coley and his girlfriend. Coley did not have ex…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Knowledge Of Contraband cases and more on FLexlaw
PER CURIAM.
This is an appeal from an order modifying the defendant’s probation.
We reverse upon a finding that the evidence is insufficient to show that the defendant had knowledge of the presence of the sawed-off shotgun which was the basis for the order. The shotgun was discovered, following a search, under the bed in his girlfriend’s apartment. The apartment, bedroom, and bed were under joint control of the defendant and his girlfriend. The defendant did not have exclusive possession nor may it be inferred, under the circumstances, that he had the ability to maintain control over the area in which the shotgun was found. Such possession and control must be established by proof and may not be inferred. Hall v. State, 382 So. 2d 742 (Fla.2d DCA 1980); Clark v. State, 359 So. 2d 458 (Fla.3d DCA 1978), cert. denied, 366 So. 2d 880 (Fla.1979).
The defendant at all times denied having any knowledge of the shotgun.
Additionally, the report of the domestic quarrel he had with his ex-wife, which formed the officer’s reason for searching the apartment, did not indicate that the defendant had employed a gun during the quarrel nor that he had possession of one. Constructive possession and control of a weapon by a defendant, where the weapon was discovered in joint possession, is insufficient to sustain a modification of probation. Powell v. State, 335 So. 2d 304 (Fla.1st DCA 1976), cert. dismissed, 348 So. 2d 953 (Fla.1977); (evidence that a pistol was found in a sports coat in a bedroom closet in an apartment jointly occupied by the defendant and another man held insufficient to sustain conviction for possession of a firearm by a convicted felon).
Cf. Smith v. State, 279 So. 2d 27 (Fla.1973) (illegal drugs found with wife’s costume jewelry located in a dresser drawer in a bedroom jointly occupied by the defendant and his wife did not give rise to the inference that the defendant knew of the presence of such contraband); Clark v. State, supra (evidence of cannabis found in handball container located in a dresser drawer in a bedroom jointly occupied by defendant and his wife was circumstantial and insufficient for conviction).
Consequently, the order modifying the defendant’s probation is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clevent D. Wilcox v. State, 522 So. 2d 1062 (Fla. 3d DCA 1988)…ents. If there was joint control or access to the tote bag, as Wilcox contends, there must be direct evidence that he knew the gun existed and had the ability to maintain control over it. See Smith v. State, 279 So. 2d 27 (Fla.1973); Coley v. State, 393 So. 2d 60 (Fla. 3d DCA 1981); Clark v. State, 359 So. 2d 458 (Fla. 3d DCA 1978), cert. denied, 366 So. 2d 880 (Fla.1979). However, if he had exclusive possession and control of the bag, his knowledge of the gun may be inferred from the circumstances. Fedor v.…
-
Rita v. State, 470 So. 2d 80 (Fla. 1st DCA 1985)…governing criminal liability [*86] for constructive possession is relevant in determining the sufficiency of the evidence to warrant revocation of probation based on a criminal act. Clark v. State, 402 So. 2d 43 (Fla. 4th DCA 1981); Coley v. State, 393 So. 2d 60 (Fla.3d DCA 1981). We hold that the evidence presented at the revocation hearing was legally insufficient to establish that Rita had constructive possession of the cannabis found in the locked cargo compartment of the refrigerator truck. Mishmash v…
-
Danek v. State, 429 So. 2d 1369 (Fla. 3d DCA 1983)…concedes that Danek did not participate in obtaining the vehicle from Hertz. There is utterly no evidence linking Danek to a grand theft of the vehicle in question. We accordingly reverse the finding of violation of probation. See Coley v. State, 393 So. 2d 60 (Fla. 3d DCA 1981); Hodges v. State, 370 So. 2d 78 (Fla. 2d DCA 1979); Franklin v. State, 345 So. 2d 1082 (Fla. 4th DCA 1977). Our reversal is without prejudice to the state to file an affidavit of violation of probation on charges which it assert…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 279 So. 2d 27 (Fla. 1973)
- Evaret Clark v. State, 359 So. 2d 458 (Fla. 3d DCA 1978)
- Hall v. State, 382 So. 2d 742 (Fla. 2d DCA 1980)
- Powell v. State, 335 So. 2d 304 (Fla. 1st DCA 1976)