CM v. State, No. 2D00-3265.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | STRINGER. |
| Citation | 818 So.2d 554 |
| Parties | C.M., a child, Appellant, v. STATE of Florida, Appellee. |
| Decision Date | 25 January 2002 |
| Docket Number | No. 2D00-3265. |
818 So.2d 554
C.M., a child, Appellant,v.
STATE of Florida, Appellee
No. 2D00-3265.
District Court of Appeal of Florida, Second District.
January 25, 2002.
James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.
STRINGER, Judge.
C.M. challenges a delinquency adjudication for possession of marijuana. We reverse because the State failed to produce sufficient evidence of constructive possession.
On December 6, 1999, Officer William Jordan of the Tampa Police Department was on patrol, traveling southbound on North Armenia Avenue. He was behind an Oldsmobile sedan, and when the driver of the Oldsmobile failed to stop at a stop sign, Officer Jordan activated his lights in order to initiate a traffic stop. Before the Oldsmobile came to a complete stop, Officer Jordan saw something "fly" from a
When he approached the vehicle, Officer Jordan noted a smokey haze inside the car, accompanied by the strong scent of marijuana. C.M. was a passenger in the front seat, and there was another passenger seated in the rear. All three occupants were ordered out of the car and each smelled of marijuana. Upon searching the car, Officer Jordan found a baggie which contained what he believed to be marijuana concealed beneath the floor mat where C.M. had been sitting. Officer Jordan performed a field test on the contents, and the results confirmed his suspicion. C.M. denied knowing that the baggie was beneath the floor mat but admitted smoking a tobacco cigarette while the other two occupants passed marijuana back and forth. C.M.'s motions to dismiss the delinquency petition were denied by the trial court, and he was adjudicated delinquent for possession of marijuana and ordered to complete a level 4 program.
In order to carry its burden of proof in this constructive possession case, the State must have produced evidence to establish that C.M. knew of the presence of the...
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NICHOLAS v. State of Fla., No. 2D07-5400.
...(2) had the ability to exercise dominion and control over it. Santiago v. State, 991 So.2d 439, 441 (Fla. 2d DCA 2008); C.M. v. State, 818 So.2d 554, 555 (Fla. 2d DCA 2002). Furthermore, where contraband is found in a location accessible to more than one person, the defendant's knowledge of......
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Nicholas v. State Of Fla., No. 2D07-5400
...(2) had the ability to exercise dominion and control over it. Santiago v. State, 991 So. 2d 439, 441 (Fla. 2d DCA 2008); C.M. v. State, 818 So. 2d 554, 555 (Fla. 2d DCA 2002). Furthermore, where contraband is found in a location accessible to more than one person, the defendant's knowledge ......
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Nava v. Sec'y, CASE NO. 6:10-cv-00100-22GJK
...and had the ability to exercise dominion and control over it. Santiago v. State, 991 So.2d 439, 441 (Fla. 2d DCA 2008); C.M. v. State, 818 So.2d 554, 555 (Fla. 2d DCA 2002). Where contraband is found in a location accessible to more than one person, the defendant's knowledge of the presence......
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DMC v. State, No. 2D03-11.
...667 So.2d 208; E.A.M. v. State, 684 So.2d 283 (Fla. 2d DCA 1996); Giddens v. State, 443 So.2d 1087 (Fla. 2d DCA 1984). In C.M. v. State, 818 So.2d 554 (Fla. 2d DCA 2002), we We maintain the position that in some cases a defendant's knowledge of contraband may be inferred from circumstantial......
-
NICHOLAS v. State of Fla., No. 2D07-5400.
...(2) had the ability to exercise dominion and control over it. Santiago v. State, 991 So.2d 439, 441 (Fla. 2d DCA 2008); C.M. v. State, 818 So.2d 554, 555 (Fla. 2d DCA 2002). Furthermore, where contraband is found in a location accessible to more than one person, the defendant's knowledge of......
-
Nicholas v. State Of Fla., No. 2D07-5400
...(2) had the ability to exercise dominion and control over it. Santiago v. State, 991 So. 2d 439, 441 (Fla. 2d DCA 2008); C.M. v. State, 818 So. 2d 554, 555 (Fla. 2d DCA 2002). Furthermore, where contraband is found in a location accessible to more than one person, the defendant's knowledge ......
-
Nava v. Sec'y, CASE NO. 6:10-cv-00100-22GJK
...and had the ability to exercise dominion and control over it. Santiago v. State, 991 So.2d 439, 441 (Fla. 2d DCA 2008); C.M. v. State, 818 So.2d 554, 555 (Fla. 2d DCA 2002). Where contraband is found in a location accessible to more than one person, the defendant's knowledge of the presence......
-
DMC v. State, No. 2D03-11.
...667 So.2d 208; E.A.M. v. State, 684 So.2d 283 (Fla. 2d DCA 1996); Giddens v. State, 443 So.2d 1087 (Fla. 2d DCA 1984). In C.M. v. State, 818 So.2d 554 (Fla. 2d DCA 2002), we We maintain the position that in some cases a defendant's knowledge of contraband may be inferred from circumstantial......