Scott v. State
| Decision Date | 21 May 1997 |
| Docket Number | No. 96-1855,96-1855 |
| Citation | 693 So.2d 715 |
| Parties | 22 Fla. L. Weekly D1324 Terry SCOTT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for appellee.
Terry Scott appeals the judgment entered against him after a jury found him guilty of possession of cocaine and resisting an officer without violence. We affirm the denial of his motion for judgment of acquittal as to both charges, and write only to address the propriety of the denial as to the resisting without violence count.
Scott was charged in a three count information with: I) possession of cocaine; II) resisting an officer without violence; and III) trespass. Evidence adduced at trial revealed Scott was warned about trespassing at a certain apartment complex property by a North Broward Drug Enforcement Unit detective on at least two occasions prior to his arrest on January 11, 1995. On that date, the detective who previously warned Scott, and who knew Scott did not live on the property, noticed him standing on the apartment complex property at the bottom of a stairway leading up to Sharon Drayton's apartment. As the detective's vehicle approached, Scott took off running up the stairs. The detective said "Terry stop," and Scott looked over the railing at the detective and said, "Bye." The detective heard Drayton's apartment door open and close. Scott eventually emerged from a bedroom of Drayton's apartment. A subsequent search of the bedroom yielded a bag containing twelve rocks of crack cocaine.
Drayton told the arresting officers Scott was the father of her three children. At one time he lived in the apartment; however, Scott no longer had permission to enter Drayton's apartment. Drayton said whenever Scott was caught on the property he would tell the police he was visiting his children. Drayton was unaware Scott was on the property on January 11, 1995, prior to his arrest. Drayton testified in Scott's defense at trial, and contradicted her earlier statements to the police. She testified Scott had permission to enter her apartment on January 11.
When a defendant moves for a judgment of acquittal, he admits all facts adduced in evidence and every conclusion favorable to the state that a jury might reasonably and fairly infer from the...
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...and every conclusion favorable to the state that a jury might reasonably and fairly infer from the evidence." Scott v. State, 693 So.2d 715, 716 (Fla. 4th DCA 1997) (citation omitted). Reviewing the reasons articulated by the trial judge in his ruling, we find no error in the denial of the ......
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Mosley v. State, 98-1502.
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Essex v. State, 4D04-4701.
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