S.C.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The State presented insufficient evidence to establish a prima facie case for possession of alcohol by a minor under section 562.111, Florida Statutes. See State v. Williams, 742 So. 2d 509, 511 (Fla. 1st DCA 1999) (holding to prove possession, the State must show that a defendant possessed a certain substance, the substance was illegal, and he had knowledge of the presence of the substance).
Even considering the relatively low burden of proof in alcohol possession cases, on the present record, the State introduced no evidence of the contents of the bottle possessed by appellant, nor did appellant admit or stipulate to the contents of the container. Cf. J.B. v. State, 705 So. 2d 1376, 1379 (Fla.1998) (holding juvenile’s admission that he possessed beer is sufficient to make a prima facie showing that the substance was alcoholic in nature); A.A. v. State, 461 So. 2d 165, 166 (Fla. 3d DCA 1984) (holding that even an officer’s testimony concerning appearance and smell of illegal contraband based on experience is sufficient to prove the contraband is illegal).
Accordingly, we REVERSE the judgment and sentence entered on the charge of possession of alcohol by a minor. KAHN, BENTON, and LEWIS, JJ., concur.
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P.N. v. State, 976 So. 2d 90 (Fla. 3d DCA 2008)…ssed an open container of alcohol. To prove possession, the State must show that the defendant possessed a certain substance, that the substance was illegal, and that the defendant had knowledge of the presence of the substance. See S.C.S. v. State, 831 So. 2d 264 (Fla. 1st DCA 2002) (judgment and sentence reversed because the State presented insufficient evidence to establish a prima facie case for possession of alcohol by a minor). To establish a prima facie case that a substance is alcoholic or illegal, a…
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R.A.W. v. State, 92 So. 3d 312 (Fla. 1st DCA 2012)…But did it? This Court has previously said that, although the burden of proof is “relatively low” in alcohol possession cases, the State must present adequate evidence of the contents of a container believed to contain alcohol. See S.C.S. v. State, 831 So. 2d 264, 264 (Fla. 1st DCA 2002) (reversing conviction where State presented no evidence of contents of bottle possessed by minor). Likewise, the Third District has reversed a conviction where the State failed to present evidence that a bottle’s contents we…
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B.B. v. State, 117 So. 3d 442 (Fla. 2d DCA 2013)…684 So. 2d 283, 284 (Fla. 2d DCA 1996) (citing Skelton v. State, 609 So. 2d 716, 716-17 (Fla. 2d DCA 1992)). To meet its burden, the State must present evidence that the Four Loco can found in the vehicle actually contained alcohol. S.C.S. v. State, 831 So. 2d 264, 264 (Fla. 1st DCA 2002). However, the State’s case lacked any evidence identifying the substance inside the can. The deputy did not perform a breathalyzer test on B.B., nor did she smell, test, or otherwise examine the liquid in the can to determi…
Authorities Cited
- J.B. v. State, 705 So. 2d 1376 (Fla. 1998)
- State v. Williams, 742 So. 2d 509 (Fla. 1st DCA 1999)
- A.A. v. State, 461 So. 2d 165 (Fla. 3d DCA 1984)