CURTIS GRAHAM, PETITIONER,

v.

JOHN RUTHERFORD, RESPONDENT

Citator

Cited By (22 total)

• Duncan v. State, 986 So. 2d 653 (Fla. 4th DCA 2008)
  …, knowledge of the contraband’s presence and the defendant’s ability to control the same will not be inferred and must be established by independent evidence. Id. at 346 (citing Mitchell v. State, 958 So. 2d 496 (Fla. 4th DCA 2007); Wagner v. State, 950 So. 2d 511, 513 (Fla. 2d DCA 2007)). “Such evidence ‘may consist of evidence that the defendant had actual knowledge of the presence of the contraband or evidence of incriminating statements or circumstances, other than simple proximity to the contraband, from…
• Jackson v. State, 995 So. 2d 535 (Fla. 2d DCA 2008)
  …on “In a constructive possession case, the State’s burden is to show beyond a reasonable doubt that the defendant [1] knew of the presence of the contraband and that he [2] had the ability to exercise dominion and control over it.” Wagner v. State, 950 So. 2d 511, 512 (Fla. 2d DCA 2007). To establish constructive possession of an item of contraband, the relevant circumstances must show “such a nexus or relationship between the defendant and the goods that it is reasonable to treat the extent of the defendant…
• Bennett v. State, 46 So. 3d 1181 (Fla. 2d DCA 2010)
  …441 (Fla. 2d DCA 2008). To prove constructive possession, the State must show beyond a reasonable doubt that the defendant knew of the presence of the contraband and that he had the ability to exercise dominion and control over it. Wagner v. State, 950 So. 2d 511, 512 (Fla. 2d DCA 2007); see also Evans v. State, 32 So. 3d 188,189 (Fla. 1st DCA 2010) (“Constructive possession exists where the accused does not have physical possession of the contraband but knows of its presence on or about the premises and can…

Authorities Cited

• Logan v. State, 846 So. 2d 472 (Fla. 2003)