S.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1983-05-18
No. 82-1914
GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
431 So. 2d 342 Florida District Court of Appeal, Second District (1983) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

S.W. appeals her adjudication of delinquency for possession of alcohol by a minor. A city police officer stopped an automobile because it had no brakelights. Three juveniles occupied the front seat, with S.W. seated on the far right. An unopened six-pack of beer lay under her feet. S.W. contended that the beer was already on the floorboard of the automobile when the driver picked her up.

Significantly, there were no adults in the car who had a legal right to the beer. The fact that the beer was found beneath S.W.’s feet is sufficient evidence of knowledge and the ability to control to support a conviction upon constructive possession. Dean v. State, 406 So. 2d 1162 (Fla. 2d DCA 1981).

AFFIRMED.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Kuhn v. State, 439 So. 2d 291 (Fla. 3d DCA 1983)
    …im to exercise dominion and control. As far as Hendrickson is concerned, however, the state failed to establish his ability to exercise dominion and control over the contraband which could not be reached from the cab of the truck. Cf. S.W. v. State, 431 So. 2d 342 (Fla. 2d DCA 1983) (beer found beneath juvenile’s feet in front seat of automobile sufficient to show ability to exercise control). The default in its proof defeated the state’s case. Next, we address Kirkland’s appeal. According to the stipulation…
  • State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000)
    …219 (Colo.1989). Other courts, including this court, have struck down such ordinances for being overly broad, vague, or for infringing on basic constitutional rights when the ordinances did not contain adequate exceptions. See, e.g., T.F. v. State, 431 So. 2d 342 (Fla. 2d DCA 1983); S.W. v. State, 431 So. 2d 339 (Fla. 2d DCA 1983); K.L.J. v. State, 581 So. 2d 920 (Fla. 1st DCA 1991). We must determine whether the Pinellas Park ordinance falls in the former or latter category of cases. The trial court invali…
  • A.R. v. State, 475 So. 2d 308 (Fla. 2d DCA 1985)
    …ified as being the property stolen from Mr. McFar-lane. Although we reverse appellant’s conviction on this one charge of grand theft, we find that the remaining convictions are sufficient to affirm the adjudication of delinquency. See T.F. v. State, 431 So. 2d 342 (Fla. 2d DCA 1983). Next, appellant contends that although the court orally ordered him to pay $50 in restitution, the written order of disposition reflects this amount to be $150. Because a court’s written order of judgment and sentence must not v…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw