DEBRA ANN WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Debra Ann Wallace was convicted and sentenced for trafficking in cocaine and possession of drug paraphernalia. Upon consideration of the testimony and the record it appears that the state did not establish that Ms. Wallace was in constructive possession of the contraband as required by Brown v. State, 428 So. 2d 250 (Fla.1983). It appears that, at most, Wallace was in mere proximity to the cocaine and the drug paraphernalia. Agee v. State, 522 So. 2d 1044, 1046 (Fla. 2d DCA 1988) (“Mere proximity to the contraband without more, is legally insufficient to prove possession”). Thus the trial judge erred in denying her motion for judgment of acquittal presented at the end of the state’s case. Richardson v. State, 488 So. 2d 661 (Fla. 4th DCA 1986).
We reverse upon authority of Brooks v. State, 501 So. 2d 176 (Fla. 4th DCA 1987), and Green v. State, 460 So. 2d 986 (Fla. 4th DCA 1984).
’REVERSED.
GLICKSTEIN, WALDEN and WARNER, JJ., concur.
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Earle v. State, 745 So. 2d 1087 (Fla. 4th DCA 1999)…directly over the cocaine; circumstantially showed that McClain knew that the substance was cocaine and had control over it. We disagree. Mere proximity to the contraband, without more, is legally insufficient to prove possession. Wallace v. State, 553 So. 2d 777 (Fla. 4th DCA 1989); Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988). McClain, 559 So. 2d at 426. In this case, the circumstantial evidence of constructive possession does not rise to the level of that found insufficient to sustain a conviction…
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Williams v. State, 573 So. 2d 124 (Fla. 4th DCA 1991)…contraband. Brooks v. State, 501 So. 2d 176 (Fla. 4th DCA 1987); Wale, 397 So. 2d at 739. The state does not dispute the proposition that mere proximity to the contraband without more is legally insufficient to prove possession. Wallace v. State, 553 So. 2d 777 (Fla. 4th DCA 1989); Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988); [*126] Brooks v. State, 501 So. 2d 176 (Pla. 4th DCA 1987) (defendant found exiting the closet of the owner of the house wherein cocaine was found in plain view did not have con…
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McCLAIN v. State, 559 So. 2d 425 (Fla. 4th DCA 1990)…directly over the cocaine, circumstantially showed that McClain knew that the substance was cocaine and had control over it. We disagree. Mere proximity to the contraband, without more, is legally insufficient to prove possession. Wallace v. State, 553 So. 2d 777 (Fla. 4th DCA 1989); Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988). Accordingly, this cause is Reversed and Remanded for further proceedings consistent herewith. HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur. . The car was rented in McClai…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 428 So. 2d 250 (Fla. 1983)
- Agee v. State, 522 So. 2d 1044 (Fla. 2d DCA 1988)
- Epta Brooks and Daphne Mollisom v. State, 501 So. 2d 176 (Fla. 4th DCA 1987)
- Green v. State, 460 So. 2d 986 (Fla. 4th DCA 1984)
- Richardson v. State, 488 So. 2d 661 (Fla. 4th DCA 1986)