TERRY LEONARD SMITH, APPELLANT,
v.
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.
Terry Leonard Smith was convicted of trafficking in cocaine based on circumstantial evidence of constructive possession. The Fourth District Court of Appeal reversed the conviction and discharged Smith, finding the evidence insufficient to establish a prima facie case of constructive possession.
The evidence was insufficient to establish a prima facie case of constructive possession. The conviction was reversed and Smith was discharged.
[1] Evidence of a defendant's fingerprint on a scale found near discarded trash and contraband is insufficient to establish constructive possession of the contraband when the…
[2] A prima facie case of constructive possession requires evidence that the defendant had dominion and control over the contraband.
Previewing 2 of 5 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“The evidence was insufficient to state a prima facie case of constructive possession.”
The court's holding that reversal was warranted because the state failed to present sufficient evidence of constructive possession.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePolice discovered cocaine in a can under a bush on residential property occupied by Smith and another man, several feet beyond the property line. A sc…
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STONE, Judge.
The defendant was convicted of trafficking in cocaine. A review of the record discloses that the evidence was insufficient to state a prima facie case of constructive possession.
During a search of property located in a residential subdivision, the police discovered cocaine in a can under a bush. The property was occupied by the defendant and another man. The contraband was discovered several feet beyond the property line. A considerable amount of trash was scattered around the area, some of which was admittedly the defendant’s, but much of which had been discarded by others. A scale, which did not contain any trace of cocaine, was found five feet away. Defendant’s fingerprint was found on the scale. The defendant denied prior knowledge of either the scale or drugs, although he “might” have touched the scale while going through “stuff” back there. The defendant also acknowledged to the police, several weeks later, that certain persons had been angrily looking for him because their drugs were gone and he had not been arrested. The state speculates that this indicated that the defendant had been selling the cocaine for them. There was no direct evidence linking the defendant to the cocaine.
We reverse the judgment and sentence, and remand with direction that the defendant be discharged. See, generally, Brown v. State, 428 So. 2d 250 (Fla.1983), cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983); Richardson v. State, 488 So. 2d 661 (Fla. 4th DCA 1986); Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981); Gaynus v. State, 380 So. 2d 1174 (Fla. 4th DCA 1980); Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976); State v. Hayes, 333 So. 2d 51 (Fla. 4th DCA 1976); Willis v. State, 320 So. 2d 823 (Fla. 4th DCA 1975); Williams v. State, 489 So. 2d 1198 (Fla. 1st DCA), rev. denied, 500 So. 2d 546 (Fla. 1986); Cortez v. State, 488 So. 2d 163 (Fla. 1st DCA 1986); Chappell v. State, 457 So. 2d 1133 (Fla. 1st DCA 1984); Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983), rev. denied, 444 So. 2d 417 (Fla.1984); Hall v. State, 382 So. 2d 742 (Fla. 2d DCA 1980); Doby v. State, 352 So. 2d 1236 (Fla. 1st DCA 1977); Williams v. State, 308 So. 2d 595 (Fla. 1st DCA), cert. denied, 321 So. 2d 555 (Fla.1975).
DOWNEY and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (18 total)
- Brown v. State, 428 So. 2d 250 (Fla. 1983)
- State v. Primus Hayes, 333 So. 2d 51 (Fla. 4th DCA 1976)
- van Griffin v. State, 336 So. 2d 127 (Fla. 1st DCA 1976)
- Wale v. State, 397 So. 2d 738 (Fla. 4th DCA 1981)
- Strickland v. Roosevelt Cnty. Rural Elec. Coop., 463 U.S. 1209 (U.S. 1983)
- Sena v. United States, 463 U.S. 1209 (U.S. 1983)
- Willis v. State, 320 So. 2d 823 (Fla. 4th DCA 1975)
- Kunta Muwwakil v. State, 435 So. 2d 304 (Fla. 3d DCA 1983)
- Williams v. State, 308 So. 2d 595 (Fla. 1st DCA 1975)
- Doby v. State, 352 So. 2d 1236 (Fla. 1st DCA 1977)