DANIEL CIOFFI, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J.W.V. v. State, 803 So. 2d 789 (Fla. 3d DCA 2001)
  …e adjudication of delinquency cannot stand. “Where constructive possession is nonexclusive, knowledge of the presence of the contraband and the ability to control it cannot be inferred, but must be established by independent proof.” O.L.M. v. State, 767 So. 2d 617, 618 (Fla. 3d DCA 2000)(quoting Ball v. State, 758 So. 2d 1239 (Fla. 5th DCA 2000)). Even under circumstances where drugs are found on premises in joint possession, it must be established by proof, not inference, that the accused had knowledge of th…
• J.J. v. State (Fla. 3d DCA 2020)
  …that the contraband was within his presence, and had knowledge of the illicit nature of the contraband.’” E.A.M. v. State, 684 So. 2d 283, 284 (Fla. 2d DCA 1996) (quoting Skelton v. State, 609 So. 2d 716, 716-17 (Fla. 2d DCA 1992)); O.L.M. v. State, 767 So. 2d 617, 618- 19 (Fla. 3d DCA 2000) (“mere location of the substance” is not independent proof of constructive possession when such alleged possession is non-exclusive; quoting Murphy v. State, 511 So. 2d 397, 399 (Fla. 4th DCA 1987)). In the instant case,…

Authorities Cited

• Foster v. State, 704 So. 2d 169 (Fla. 4th DCA 1997)