RICARDO ELIAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ricardo Elias was convicted of trafficking in cocaine after being found searching a motel bed where cocaine had been discovered by hotel staff. The Florida appellate court reversed the conviction, finding insufficient evidence to prove constructive possession of the cocaine.
The conviction is reversed because the state failed to prove the second and third elements of constructive possession—knowledge of the presence of the contraband and awareness of its illicit nature. The evidence was insufficient to exclude all reasonable hypotheses of innocence.
[1] To prove constructive possession of contraband, the state must prove the defendant's ability to exercise dominion and control over the contraband, knowledge of its presen…
[2] Evidence showing only proximity to contraband is insufficient to establish dominion and control for constructive possession.
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“To prove constructive possession of contraband, the state must prove (1) the defendant's ability to exercise dominion and control over the contraband; (2) his knowledge of the presence of the contraband; and (3) his awareness of the illicit nature of the contraband.”
Establishes the three-part test for constructive possession that the state failed to satisfy in this case.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceElias and David Pearce checked into a motel room but moved to a second room because the first was too cold. A maid found cocaine under a pillow in the…
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LEHAN, Judge.
Defendant appeals his conviction for trafficking in cocaine. We reverse. Defendant raises two issues on appeal, but our disposition of the issue as to the sufficiency of the evidence renders discussion of the other issue unnecessary.
Defendant and David Pearce checked into a motel room, but later moved to a second room because the first room was too cold. Shortly after the move to the second room, the first room was visited by various motel employees, including a maid who found a rock of cocaine under the pillow on one of the beds in the room. The police were notified. They removed the cocaine from the room and began watching both motel rooms at about midnight. For the next two and one-half hours, no one entered the first motel room, while several unidentified people went into and out of the second room.
At about 2:30 a.m., a man identifying himself as Pearce called the motel front desk and asked to be allowed back into the first room to retrieve something he had left there. The defendant then arrived at the front desk and was taken to the first room. He was seen searching the bed near where the cocaine had been found and was arrested for trafficking in cocaine.
Defendant contends that the evidence at trial was insufficient to prove the charge against him. We agree. There was no evidence that defendant sold, purchased, manufactured, delivered or brought into the state any cocaine or that he was in actual possession of cocaine in violation of section 893.135(l)(b), Florida Statutes (1987). Therefore, his conviction was proper only if the evidence showed that he constructively possessed the cocaine.
To prove constructive possession of contraband, the state must prove (1) the defendant’s ability to exercise dominion and control over the contraband; (2) his knowledge of the presence of the contraband; and (3) his awareness of the illicit nature of the contraband. See Johnson v. State, 456 So. 2d 923, 924 (Fla. 3d DCA 1984). In this case there was no proof of the second or third requirement.
The facts of this case are not sufficient to support a finding of possession and control beyond and to the exclusion of every reasonable doubt. See Hons v. State, 467 So. 2d 829, 830 (Fla. 2d DCA 1985); Poitier v. State, 525 So. 2d 472 (Fla. 5th DCA 1988). As in Hons, there is no evidence here that defendant even touched the cocaine. In Hons the evidence was insufficient to show that defendant exercised dominion over drugs because the evidence showed only his proximity to the drugs. Here, in addition to defendant’s proximity to the cocaine, the state relies on defendant having registered for the motel room. However, the evidence also shows that other people had been in the room and that Pearce also apparently exercised, or at least had the ability to exercise, control over the room. It was Pearce, or someone using his name, who called the front desk and obtained permission to re-enter the room after it had been vacated. When arrested, defendant was not in possession of the cocaine. He had only been seen searching the bed where the cocaine had been located.
We agree with defendant that the evidence fails to exclude all reasonable hypotheses of innocence. See Mishmash v. State, 423 So. 2d 446 (Fla. 1st DCA 1982). For example, there was evidence that other articles had been left in the room, and it was not an unreasonable hypothesis that he was looking for something other than the cocaine.
The conviction is vacated.
SCHOONOVER, A.C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garcia v. State, 854 So. 2d 758 (Fla. 2d DCA 2003)…possession theory it is necessary to prove “(1) the defendant’s ability to exercise dominion and control over the [drugs]; (2) his knowledge of the presence of the [drugs]; and (3) his awareness of the illicit nature of the [drugs].” Elias v. State, 526 So. 2d 1014, 1015 (Fla. 2d DCA 1988). “[K]nowledge of contraband found within an automobile ...' is generally inferred or presumed from one’s exclusive possession [of the automobile] unless and until proven otherwise.” State v. Paleveda, 745 So. 2d 1026, 1028…
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Campbell v. State, 558 So. 2d 34 (Fla. 1st DCA 1989)…e defendant knew the contraband was in his presence; and (3) the defendant knew of the illicit nature of the contraband. Brown v. State, 428 So. 2d 250, 252 (Fla.), cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983); Elias v. State, 526 So. 2d 1014, 1015 (Fla. 2d DCA 1988). See also State v. Brider, 386 So. 2d 818, 819 (Fla. 2d DCA), review denied, 392 So. 2d 1372 (Fla.1980) (“Possession is defined as having personal charge or exercising the right of ownership, management or control over the a…
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Pearce v. State, 538 So. 2d 54 (Fla. 2d DCA 1989)…are distinguishing facts presented in this case. Accordingly, we affirm Pearce’s convictions for trafficking in cocaine and possession of drug paraphernalia. AFFIRMED. CAMPBELL, C.J., and THREADGILL and PARKER, JJ., concur. . Elias v. State, 526 So. 2d 1014 (Fla. 2d DCA 1988).…
Authorities Cited
- Westley Johnson v. State, 456 So. 2d 923 (Fla. 3d DCA 1984)
- Mishmash v. State, 423 So. 2d 446 (Fla. 1st DCA 1982)
- Hons v. State, 467 So. 2d 829 (Fla. 2d DCA 1985)
- Poitier v. State, 525 So. 2d 472 (Fla. 5th DCA 1988)