Soler v. State, 88-0416
| Decision Date | 26 July 1989 |
| Docket Number | No. 88-0416,88-0416 |
| Citation | 547 So.2d 251,14 Fla. L. Weekly 1764 |
| Parties | 14 Fla. L. Weekly 1764 Pascual SOLER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Alfonso M. Saldana, West Palm Beach, for appellee.
Pascual Soler was convicted of trafficking in cocaine. The testimony at trial showed that Soler was a passenger in a tow truck as it traveled along the Florida Turnpike. The tow truck was driven by a codefendant. The driver of the tow truck pulled alongside a vehicle containing two females and held up a plastic bag of white powder (later identified as cocaine). Soler, the passenger in the truck, never held up the baggie. The driver and Soler made waving motions to try to get the women to pull over. Later when the women pulled over to switch drivers the two men also stopped. The driver of the truck asked them if they wanted to "party" but never mentioned the word "cocaine". The women noticed that the driver of the truck had white powder on his face and under his nose. The women drove to a service plaza and reported what had occurred to several state troopers at the service plaza. Later the tow truck was stopped and the trooper received permission from the driver to search the vehicle. The trooper leaned the bench seat forward and observed three white plastic shopping bags behind the defendant, Soler's, side of the seat. One contained two clear plastic bags with large amounts of cocaine. These bags were not visible from within the seating area.
Soler was charged with trafficking in cocaine. After the close of the state's case Soler made a motion for judgment of acquittal on grounds that the evidence was insufficient to prove constructive possession of the cocaine. The motions were denied, Soler was convicted and this appeal follows.
We reverse. To establish constructive possession the state must show that the accused had dominion and control over the contraband, knew the contraband was within his presence, and knew of the illicit nature of the contraband. Wale v. State, 397 So.2d 738 (Fla. 4th DCA 1981). Where the premises are in the joint control of two people the knowledge of the presence of the contraband will not be inferred but must be established by proof. That proof may consist either of evidence establishing that the accused had...
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Rogers v. State
...was concealed); King v. State, 556 So.2d 490 (Fla.1st DCA 1990) (passenger in car where cocaine locked in trunk); Soler v. State, 547 So.2d 251 (Fla.4th DCA 1989) (cocaine concealed on floor behind seat of passenger); Pena v. State, 465 So.2d 1386 (Fla.2d DCA 1985) (cocaine wrapped in newsp......
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Gartrell v. State, 91-0545
...with innocence and must exclude every reasonable hypothesis except that of guilt. 511 So.2d at 399. See also Soler v. State, 547 So.2d 251 (Fla. 4th DCA 1989); Cockett v. State, 507 So.2d 1217 (Fla. 4th DCA 1987); Harvey v. State, 390 So.2d 484 (Fla. 4th DCA 1980); Manning v. State, 355 So.......