EDDIE STEPHENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eddie Stephens was convicted of cannabis cultivation, cannabis possession, and drug paraphernalia possession based on contraband found during a search of his home. The appellate court reversed his convictions, finding insufficient evidence to establish that Stephens had actual or constructive possession of the contraband.
The trial court erred in denying the motion for judgment of acquittal because the record contained insufficient evidence to provide a reasonable basis for a jury to infer that Stephens had knowledge of and the ability to exercise control over the contraband found in his premises.
[1] A conviction for possession of contraband requires proof of actual or constructive possession, including knowledge of the contraband and the ability to exercise control o…
[2] Evidence that a defendant was not present at the time of a search and lacks physical evidence tying them to contraband found on their premises is insufficient to establis…
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Join FLexlaw to unlock all legal intelligence“The record contains insufficient evidence to provide a reasonable basis for a jury to infer that Mr. Stephens had knowledge of and the ability to exercise control over the contraband found in his premises.”
Establishes the standard for constructive possession and why the evidence failed to meet it in this case
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Join FLexlaw to unlock all legal intelligenceOn July 24, 1996, police executed a search warrant at Stephens' home and seized contraband. Stephens was not present during the search and evidence su…
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[*448] PER CURIAM.
Eddie Stephens appeals his convictions and sentences for cultivation of cannabis, possession of cannabis, and possession of drug paraphernalia, all of which were based upon contraband seized in a search of his home on July 24, 1996. He asserts that the trial court erred in denying his motion for judgment of acquittal because the state failed to produce evidence to establish Stephens’ actual or constructive possession of the contraband seized, and that improper remarks to which there were no objections during closing argument tainted the trial. We find no fundamental error in the closing argument. We reverse because we find that the trial court erred in denying the defendant’s motion for judgment of acquittal.
The state established that Mr. Stephens was not home (and the evidence suggests he was not even in the State of Florida) when the search warrant was executed, but that four unidentified people were in the house. There was no evidence that Mr. Stephens was ever present in the house at any time during the police investigation which preceded the execution of the warrant, and there was no physical evidence, such as fingerprints, to tie Mr. Stephens to the contraband found there. The evidence did not establish how long the four unidentified people had been in possession of Mr. Stephens’ house. The record contains insufficient evidence to provide a reasonable basis for a jury to infer that Mr. Stephens had knowledge of and the ability to exercise control over the contraband found in his premises. See Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976). The trial judge erred in denying the defendant’s motion for judgment of acquittal. See Griffin v. State, 276 So. 2d 191 (Fla. 4th DCA 1973). For the foregoing reasons, the judgment is reversed, the sentence is vacated, and the defendant is discharged.
REVERSED.
MICKLE, LAWRENCE and DAVIS, JJ., concur.
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Citator
Authorities Cited
- van Griffin v. State, 336 So. 2d 127 (Fla. 1st DCA 1976)
- Griffin v. State, 276 So. 2d 191 (Fla. 4th DCA 1973)