THOMAS GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the State failed to prove constructive possession of the firearm.
The defendant was driving a truck with two passengers when a firearm was found partially concealed behind the driver's seat. There was no independent …
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PER CURIAM.
Defendant appeals from a judgment of conviction and sentence for carrying a concealed firearm. For the reasons that follow, we reverse and remand for entry of a judgment of acquittal.
“Where a defendant is not in actual possession of a firearm, constructive possession must be established.” Williams v. State, 724 So. 2d 1214, 1215 (Fla. 4th DCA 1998). To establish constructive possession, the State must prove that: (1) defendant knew that the firearm was within his presence; (2) defendant had the ability to maintain control over it; and (3) defendant knew of the illicit nature of the firearm. Id. If the property where the firearm is found is not in defendant’s exclusive control, defendant’s knowledge of the presence of the firearm must be established by independent proof. Id. See also Smith v. State, 687 So. 2d 875 (Fla. 2d DCA 1997).
In this case, defendant was the driver of a truck in which the weapon was found. There were two passengers in the' truck with him. The weapon in question was partially concealed in the back of the truck behind the driver’s seat between the panel and the rear seat. There was no evidence that defendant had knowledge or dominion and control over the weapon.
REVERSED.
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Towns v. State, 259 So. 3d 291 (Fla. 3d DCA 2018)…. Additionally, if the property where the ---PAGE 5--- contraband is found is not in the defendant's exclusive control, the defendant's knowledge of the presence of the contraband must be established by independent proof. See Gonzalez v. State, 832 So. 2d 898, 899 (Fla. 3d DCA 2002); Smith, 687 So. 2d at 875. Independent proof may be established through the defendant’s own statements, witness testimony or “incriminating circumstances other than mere proximity to the contraband.” Tucker v. State, 198…
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Thompson v. State, 172 So. 3d 527 (Fla. 3d DCA 2015)…lations of this program by having a weapon in his possession. (emphasis added). The defendant was not found in actual possession of- the weapon, and as such, the onus was on the State to establish constructive possession. Gonza [*530] lez v. State, 832 So. 2d 898, 899 (Fla. 3d DCA 2002). “To prove constructive possession, the State must present competent, substantial evidence of the accused’s knowledge of the presence of contraband and his or her ability to exercise dominion and control over it.” Jennings v.…
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Holcomb v. State, 946 So. 2d 633 (Fla. 4th DCA 2007)…h have included, as one of the elements of possession, knowledge of the “illicit nature of the contraband.’’ Blackshear v. State, 771 So. 2d 1199 (Fla. 4th DCA 2000) (citing Williams v. State, 724 So. 2d 1214 (Fla. 4th DCA 1998)); Gonzalez v. State, 832 So. 2d 898 (Fla. 3d DCA 2002); Wilson v. State, 776 So. 2d 347 (Fla. 5th DCA 2001); Walker v. State, 733 So. 2d 564 (Fla. 2d DCA 1999). Knowledge of the illicit nature of the thing, however, is not an element of the crimes of possession of things such as firea…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Steffeni Michelle Smith v. State, 687 So. 2d 875 (Fla. 2d DCA 1997)
- Williams v. State, 724 So. 2d 1214 (Fla. 4th DCA 1998)