HAROLD MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the state's evidence was insufficient to establish constructive possession of controlled substances and paraphernalia found in a jointly occupied vehicle.
Appellant was convicted of possession of a controlled substance and paraphernalia. The evidence showed the contraband was found in a car jointly occup…
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OWEN, Judge.
Appellant was convicted of (1) possession of a controlled substance and (2) possession of paraphernalia. The State’s case rested upon proof of constructive possession, since the evidence established that the controlled substance and the paraphernalia were not in the actual possession of appellant but were found in a car jointly occupied by appellant and its owner, a code-fendant.
The law relative to the proof necessary to establish constructive possession where the contraband is found on premises or property under joint control or occupancy has been stated in numerous cases, e. g., Thomas v. State, 297 So. 2d 850 (Fla.App. 4th 1974); Hilding v. State, 291 So. 2d 111 (Fla.App. 4th 1974); Amato v. State, 296 So. 2d 609 (Fla.App. 3rd 1974); Griffin v. State, 276 So. 2d 191 (Fla.App. 4th 1973); Medlin v. State, 279 So. 2d 41 (Fla.App. 4th 1973); Smith v. State, 276 So. 2d 91 (Fla.App. 4th 1973); Chariott v. State, 226 So. 2d 359 (Fla.App. 3rd 1969); Frank v. State, 199 So. 2d 117 (Fla.App. 1st 1967).
Our review of the record satisfies us that the State’s evidence did not meet the standard as repeatedly announced and recognized in the foregoing cases. The judgment is reversed and this cause remanded with directions that appellant be discharged.
Reversed and remanded.
WALDEN, C. J., and MAGER, J., concur.
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Citator
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Thompson v. State, 375 So. 2d 633 (Fla. 4th DCA 1979)…ound there. See, e. g., Britton v. State, 336 So. 2d 663 (Fla. 1st DCA 1976); Hively v. State, 336 So. 2d 127 (Fla. 4th DCA 1976); Nast v. State, 333 So. 2d 103 (Fla. 2d DCA 1976); Tanksley v. State, 332 So. 2d 76 (Fla. 2d DCA 1976); Moore v. State, 325 So. 2d 466 (Fla. 4th DCA 1976); Willis v. State, 320 So. 2d 823 (Fla. 4th DCA 1975); Taylor v. State, 319 So. 2d 114 (Fla. 2d DCA 1975); Medlin v. State, 279 So. 2d 41 (Fla. 4th DCA 1973); Griffin v. State, 276 So. 2d 191 (Fla. 4th DCA 1973); Torres v. State,…
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Fedor v. State, 483 So. 2d 42 (Fla. 2d DCA 1986)…ssion of marijuana, stating that, under the circumstances, “we cannot infer that appellant was in actual or constructive possession of the marijuana.” 355 So. 2d at 167. See also Townsend v. State, 330 So. 2d 513 (Fla. 4th DCA 1976); Moore v. State, 325 So. 2d 466 (Fla. 4th DCA 1976). [*45] In finding insufficient evidence to convict a defendant, who was one of eight occupants, and was a resident, of a bus in which marijuana was located, of possession of marijuana, the Third District in Langdon v. State, 235…
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Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982)…. 2d 513 (Fla. 4th DCA 1976). Contraband in automobile held not in exclusive possession of passenger; Thiel v. State, 326 So. 2d 460 (Fla. 4th DCA 1976). Marijuana found under dashboard of automobile in which defendant was passenger; Moore v. State, 325 So. 2d 466 (Fla. 4th DCA 1976). Controlled substance and paraphernalia found in an automobile jointly occupied by defendant and its co-owner; Sindrich v. State, 322 So. 2d 589 (Fla. 1st DCA 1975). Marijuana found in trunk of rental truck. Defendants were colle…
Authorities Cited
- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)
- Amato v. State, 296 So. 2d 609 (Fla. 3d DCA 1974)
- Thomas v. State, 297 So. 2d 850 (Fla. 4th DCA 1974)
- Griffin v. State, 276 So. 2d 191 (Fla. 4th DCA 1973)
- Medlin v. State, 279 So. 2d 41 (Fla. 4th DCA 1973)
- Chariott v. State, 226 So. 2d 359 (Fla. 3d DCA 1969)
- Smith v. State, 276 So. 2d 91 (Fla. 4th DCA 1973)
- Hilding v. State, 291 So. 2d 111 (Fla. 4th DCA 1974)