E.E., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
E.E. appeals his conviction and sentence for possession of cannabis, twenty grams or less. We reverse the trial court’s denial of appellant’s motion for judgment of dismissal, because the state presented no evidence to show that appellant, who was driving his family’s car with a passenger in the front seat, had knowledge of the presence of the small baggie of marijuana found under the driver’s seat of the car and or that he had dominion and control over the drugs. See J.G. v. State, 881 So. 2d 25, 26 (Fla. 4th DCA 2004); J.M. v. State, 839 So. 2d 832, 834 (Fla. 4th DCA 2003); Earle v. State, 745 So. 2d 1087 (Fla. 4th DCA 1999); In the Interest of E.H., 579 So. 2d 364 (Fla. 4th DCA 1991); McClain v. State, 559 So. 2d 425 (Fla. 4th DCA 1990); Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976).
We reverse the denial of appellant’s motion for judgment of dismissal and remand with directions to vacate the disposition order withholding adjudication and placing appellant on probation.
Reversed.
STONE, STEVENSON and TAYLOR, JJ., concur.
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Percival Charles Ferris, Jr. v. State, 100 So. 3d 142 (Fla. 1st DCA 2012)…avated assault and aggravated battery. He was sentenced as a habitual violent felony offender (HVFO) and a prison release reof-fender (PRR) to a total of 25 years in prison. His direct appeal was per curiam affirmed by this court in Ferris v. State, 980 So. 2d 623 (Fla. 1st DCA 2006) (table), and the mandate issued on June 19, 2006. Since then, Appellant has filed 11 appeals and petitions in this court related to his 2004 criminal case.2 The only relief Appellant obtained as a result of these cases was the r…
Authorities Cited
- van Griffin v. State, 336 So. 2d 127 (Fla. 1st DCA 1976)
- Earle v. State, 745 So. 2d 1087 (Fla. 4th DCA 1999)
- In the Interest of E.H., 579 So. 2d 364 (Fla. 4th DCA 1991)
- McCLAIN v. State, 559 So. 2d 425 (Fla. 4th DCA 1990)
- Steinmann v. State, 839 So. 2d 832 (Fla. 4th DCA 2003)
- J.M. v. State, 839 So. 2d 832 (Fla. 4th DCA 2003)
- J.G. v. State, 881 So. 2d 25 (Fla. 4th DCA 2004)