RICHARD EUGENE MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant was convicted for possession of certain narcotic drugs and paraphernalia, which conviction necessarily had to be based upon constructive possession since there was no evidence of actual physical possession. The drugs and paraphernalia were seized pursuant to search warrant executed on an apartment leased to and occupied by appellant’s paramour. Although appellant also occupied the apartment sporadically, it was not in his exclusive possession and the State failed to present evidence to form a reasonable basis from which the inference could be drawn that appellant knew of the presence of the drugs and paraphernalia with the ability to maintain control over the same.
We conclude on the authority of Smith v. State, Fla.1973, 279 So.2d 27, Medlin v. State, Fla.App.1973, 279 So.2d 41, Griffin v. State, Fla.App.1973, 276 So.2d 191, Smith v. State, Fla.App.1973, 276 So.2d 91, and Frank v. State, Fla.App.1967, 199 So.2d 117, that the evidence was insufficient to sustain the conviction and that the judgment and sentence should be and the same are severally reversed and appellant ordered discharged.
MAGER, J. and MORROW, RUSSELL O., Associate Judge, concur.
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Riutta v. State, 299 So. 2d 620 (Fla. 2d DCA 1974)…63, 157 So. 2d 445; Langdon v. State, Fla.App.3d 1970, 235 So. 2d 321; Markman v. State, Fla.App.3d 1968, 210 So. 2d 486; Kirtley v. State, Fla.App.3d 1971, 245 So. 2d 282; Smith v. State, Fla.1973, 279 So. 2d 27; Mosley v. State, Fla.App. 4th 1973, 281 So. 2d 590; and Griffin v. State, Fla.App.4th 1973, 276 So. 2d 191.…
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Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982)…ate, 291 So. 2d 111 (Fla. 4th DCA 1974). Defendant drove wife to post office where she received in her rental box an envelope containing a Christmas [*425] card and packet of cocaine. Wife as co-defendant had been acquitted by jury; Mosley v. State, 281 So. 2d 590 (Fla. 4th DCA 1973). Drugs found in apartment occupied by defendant’s paramour. Defendant occupied apartment sporadically; Medlin v. State, 279 So. 2d 41 (Fla. 4th DCA 1973). Defendant owned residence but was not present at time of search. Defendant…
Authorities Cited
- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)
- Smith v. State, 279 So. 2d 27 (Fla. 1973)
- Griffin v. State, 276 So. 2d 191 (Fla. 4th DCA 1973)
- Medlin v. State, 279 So. 2d 41 (Fla. 4th DCA 1973)
- Smith v. State, 276 So. 2d 91 (Fla. 4th DCA 1973)