RESHEA GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse defendant’s conviction for carrying a concealed firearm. We agree with defendant’s contention that the evidence was insufficient to establish his knowledge of the presence of the firearm in close proximity to him in the car which he was driving for the car’s owner whose license was suspended and who was a passenger. There was no direct evidence of such knowledge by defendant. The direct evidence was that the firearm had been placed in the car by the car’s owner without defendant’s knowledge. Such knowledge of defendant cannot properly be inferred from his joint possession of the car with the owner. See Joiner v. State, 389 So. 2d 296, 297 (Fla. 1st DCA 1976). In any event, the evidence was not inconsistent with defendant’s reasonable hypothesis of innocence. See Broughton v. State, 528 So. 2d 1241, 1243-44 (Fla. 1st DCA 1988).
Defendant shall be discharged.
SCHOONOVER, C.J., and LEHAN and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Steffeni Michelle Smith v. State, 687 So. 2d 875 (Fla. 2d DCA 1997)…were no fingerprints on the guns or any other evidence that Smith had handled or was aware of the location of the guns. Knowledge of the presence of a firearm within a vehicle cannot be presumed from joint possession of the vehicle. Green v. State, 586 So. 2d 86 (Fla. 2d DCA 1991). Therefore, we reverse Smith’s conviction for carrying a concealed firearm. In contrast, the evidence supports Smith’s convictions for trafficking in methamphetamine and possession of paraphernalia. Smith’s possessions were found…
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Daniels v. State, 718 So. 2d 1274 (Fla. 2d DCA 1998)…viction for carrying concealed firearm in the absence of evidence showing Smith’s actual knowledge of the gun or her incriminating statements or other circumstances from which the jury could reasonably infer actual knowledge) (citing Green v. State, 586 So. 2d 86 (Fla. 2d DCA 1991)). Because the State failed to adduce any evidence showing Daniels’ actual knowledge of the gun or other circumstances from which the jury could permissibly infer knowledge, we reverse. Based on our disposition on this issue, we ha…
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Walker v. State, 733 So. 2d 564 (Fla. 2d DCA 1999)…for felon in possession of a firearm, holding that the State did not show that the defendant had actual knowledge of the gun or other circumstances from which the jury could possibly infer knowledge. See 718 So. 2d at 1275. See also Green v. State, 586 So. 2d 86 (Fla. 2d DCA 1991) (holding that there was insufficient evidence to establish that defendant had knowledge of firearm in close proximity to him, when he was driving the car for the car’s owner, who was a passenger). In the present case, there was n…
Authorities Cited
- Carpet Sys., Inc. v. Toro Eng'g & Constr. Corp., 389 So. 2d 296 (Fla. 3d DCA 1980)
- Broughton v. State, 528 So. 2d 1241 (Fla. 1st DCA 1988)