McClain v. State
| Decision Date | 11 April 1990 |
| Docket Number | No. 88-3329,88-3329 |
| Citation | 559 So.2d 425 |
| Parties | 15 Fla. L. Weekly D953 Billy McCLAIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Lipinski, Miami, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David D. McLauchlin, Asst. Atty. Gen., West Palm Beach, for appellee.
Billy McClain, the defendant/appellant, appeals from a conviction for attempted trafficking in cocaine in an amount of more than 400 grams. The record reveals that Trooper Dave Binder stopped a rental car for speeding on the turnpike. After the stop he discovered that the driver of the car, Phyllis Jackson, was driving with a restricted license. The rental agreement indicated that none of the occupants of the car were authorized by the rental company to drive the car. The rental company requested the trooper to seize the car and tow it. The trooper called for backup and a narcotics dog. Subsequently the dog alerted to the car's back right seat, beneath the area where the defendant/appellant, Billy McClain, was seated. 1 A second trooper lifted the seat and discovered a box. Inside the box was a white paper bag. The defendant's fingerprint was on the outside of the paper bag. Inside the bag was a package wrapped in tissue paper. The defendant's fingerprints were not on the tissue paper. Inside the tissue paper was a ziploc bag. The defendant's fingerprints were not on the ziploc bag. Inside the ziploc was the cocaine wrapped in duct tape. The defendant's fingerprints were not on the duct tape. The fingerprint of the other occupant of the back seat, King Williams, was also found on the bottom of the outside box. Additionally other unidentified fingerprints were found inside the box. McClain was charged with attempted trafficking and was convicted. We reverse.
It is clear that McClain did not have actual possession of the cocaine; thus, the state would have to show that he had constructive possession. This requires a showing that the accused had dominion and control of the contraband, knew of its presence and was aware of the illicit nature of the contraband. Brown v. State, 428 So.2d 250 (Fla.1983); cert. denied, Brown v. Florida, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d 1391 (1983). We do not believe that the state met its burden of proof. In Kresbach v. State, 462 So.2d 62 (Fla. 1st DCA 1984) the First District considered a similar case. There a Federal Express employee found an open package in the drop box. Inside he found a manila envelope which contained two clear plastic bags holding a white powdery substance. The manila envelope had the defendant, Kresbach's, fingerprint on it and four other unidentified fingerprints. No prints were available on the Federal Express envelope. Kresbach argued that the evidence failed to exclude a reasonable hypothesis of innocence, that is, that he touched the manila envelope at a business, friends' house or in a pile of mail, before it contained cocaine. The First District ruled that the evidence was insufficient...
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Rogers v. State
...passenger: Lewis v. State, 570 So.2d 346 (Fla.2d DCA 1990) (owner of car was passenger and cocaine not in plain view); McClain v. State, 559 So.2d 425 (Fla.4th DCA 1990) (passenger sitting in seat under which cocaine was concealed); King v. State, 556 So.2d 490 (Fla.1st DCA 1990) (passenger......
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...heroin because it was possible that the defendant handled the envelope before the cocaine was placed inside); McClain v. State, 559 So.2d 425, 426 (Fla. 4th DCA 1990) (reversing a conviction for attempted trafficking where multiple prints were found and the defendant could have touched the ......
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Earle v. State, No. 98-4393
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