ALTON HILL, APPELLANT,

v.

STATE, DEPARTMENT OF REVENUE AND PENNY BEAM, APPELLEES

Citator

Cited By (24 total)

• Davis v. State, 761 So. 2d 1154 (Fla. 2d DCA 2000)
  …conviction. “Where two or more inferences in regard to the existence of a criminal act must be drawn from the evidence and then pyramided to prove the crime charged, the evidence lacks the conclusive nature to support a conviction.” Green v. State, 667 So. 2d 208, 212 (Fla. 2d DCA 1995) (quoting I.F.T. v. State, 629 So. 2d 179, 180 (Fla. 2d DCA 1993)); see also Snyder. The insufficiency of proximity (which the State concededly established in this case) has been highlighted in Lopez and in other constructive…
• Isaac v. State, 730 So. 2d 757 (Fla. 2d DCA 1999)
  …constructively. See Lewis v. State, 570 So. 2d 346, 348 (Fla. 2d DCA 1990). To do so, the State was required to show that Isaac had dominion and control over the cocaine, was aware of its presence, and knew of its illicit nature. See Green v. State, 667 So. 2d 208, 211 (Fla. 2d DCA 1995); see also E.A.M. v. State, 684 So. 2d 283, 284 (Fla. 2d DCA 1996). Mere proximity to contraband is not enough to establish dominion and control. See State v. Snyder, 635 So. 2d 1057, 1058 (Fla. 2d DCA 1994). Rather, to prove…
• Miller v. State, 782 So. 2d 426 (Fla. 2d DCA 2001)
  …acquittal. The State “must produce substantial, competent evidence from which the jury can exclude every reasonable hypothesis of innocence except that of guilt. Otherwise, a trial court must grant a motion for judgment of acquittal” Green v. State, 667 So. 2d 208, 212 (Fla. 2d DCA 1995) (citing State v. Law, 559 So. 2d 187, 188-89 (Fla.1989)). I cannot accept that this one vague and ambiguous statement constituted substantial, com [*434] petent evidence sufficient to overcome the defendants’ reasonable hypot…

Authorities Cited

• The Dep't OF Health & Rehabilitative Servs. v. Thomas, 477 So. 2d 1053 (Fla. 5th DCA 1985)