CHARLES M. HATCHELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jackson v. State, 995 So. 2d 535 (Fla. 2d DCA 2008)
  …ated in Whitehurst v. State, 852 So. 2d 902, 903 (Fla. 2d DCA 2003). “Mere proximity to contraband, without more, is legally insufficient to [*540] prove possession.” Pena v. State, 465 So. 2d 1386, 1388 (Fla. 2d DCA 1985); see also Person v. State, 950 So. 2d 1270, 1272 (Fla. 2d DCA 2007). “The existence of [the elements of knowledge and dominion and control] will be inferred if the premises where the contraband was found is in the defendant’s exclusive possession.” State v. Holland, 975 So. 2d 595, 598 (Fla…
• Edmond v. State, 963 So. 2d 344 (Fla. 4th DCA 2007)
  …of knowledge on Edmond’s part than if it stays wet for two days. This, then, leaves only Edmond’s flight, which is insufficient to prove constructive possession. See Agee v. State, 522 So. 2d 1044, 1046 (Fla. 2d DCA 1988); see also Person v. State, 950 So. 2d 1270, 1273 (Fla. 2d DCA 2007). Having concluded that the evidence was insufficient to sustain Edmond’s convictions, we reverse the same. Our resolution of the sufficiency of the evidence issue in favor of Edmond renders his second point on appeal moot.…
• Taylor v. State, 13 So. 3d 77 (Fla. 1st DCA 2009)
  …ant knew that the substance contained in the large grocery bag is cannabis. In 2002, the Florida Legislature eliminated this fourth element as a requirement for a conviction for trafficking in cannabis. § 893.101, Fla. Stat. (2006); Person v. State, 950 So. 2d 1270, 1272 n. 1 (Fla. 2d DCA 2007); Norman, 826 So. 2d at 440-41 n. 2. Given the evidence that the strong, distinct odor of raw marijuana was pervasive in the interior when the deputy approached the passenger’s side of the vehicle, in addition to certain…

Authorities Cited

• Arthur v. State, 818 So. 2d 589 (Fla. 5th DCA 2002)
• Clark v. State, 756 So. 2d 244 (Fla. 5th DCA 2000)
• Weathers v. State, 937 So. 2d 1132 (Fla. 4th DCA 2006)