State v. Holland
| Decision Date | 05 March 2008 |
| Docket Number | No. 2D07-1091.,2D07-1091. |
| Citation | 975 So.2d 595 |
| Parties | STATE of Florida, Appellant, v. Angela Deshone HOLLAND, Appellee. |
| Court | Florida District Court of Appeals |
Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellant.
James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellee.
The State seeks review of the order dismissing the information that charged Angela Holland with trafficking in illegal drugs, possession of cannabis (less than 20 grams), and possession of drug paraphernalia. Because there was a material fact in dispute and because the undisputed facts establish a prima facie case against Holland, we reverse the order and remand for further proceedings.
The charges against Holland arose from a search of her home pursuant to a search warrant obtained based on the sheriff's observance of two controlled drug transactions conducted out of the home. Holland was not present during either transaction, the first of which was conducted by Holland's daughter, and the second by her son.
The home consisted of three bedrooms: a master bedroom, a room with a crib, and a room with a bunk bed, all of which appeared occupied. During the search of the master bedroom belonging to Holland, officers found, in plain view, 3.3 grams of marijuana in a plastic bag located on Holland's bed, 41 Hydrocodone pills in a separate plastic bag, 3 Hydrocodone pills located in a plastic cup on Holland's headboard, and, in the same cup, a Cigna Health Insurance card bearing Holland's name. Also located in the bedroom was mail addressed to Holland. Present during the search were Holland's 22-year-old daughter, with her baby, both of whom resided with Holland. Holland's son occasionally resided with Holland but was not present during the search.
Holland filed a motion to dismiss the information, arguing that based on the undisputed facts, the State failed to establish the first element of constructive possession, dominion and control over the contraband. The trial court agreed and dismissed the information. A motion to dismiss must establish that (1) there are no material facts in dispute and (2) the undisputed facts do not establish a prima facie case of guilt against the defendant. State v. Kalogeropolous, 758 So.2d 110 (Fla.2000). All facts and inferences are to be viewed in the light most favorable to the State. Id. at 112. We review de novo the trial court's Order Dismissing Information, Bell v. State, 835 So.2d 392 (Fla. 2d DCA 2003), and we reverse.
The charges against Holland are based on constructive possession because the contraband was not found in Holland's actual possession. See Loyd v. State, 677 So.2d 76 (Fla. 2d DCA 1996). To establish a prima facie case based on constructive possession, the State must show that (1) Holland had "dominion and control" over the contraband and (2) she had knowledge of the presence of the contraband. Edmond v. State, 963 So.2d 344 (Fla. 4th DCA 2007). The existence of these two elements will be inferred if the premises where the contraband was found is in the defendant's exclusive possession. Lopez v. State, 711 So.2d 563, 565 (Fla. 2d DCA 1997). If possession is not exclusive, the two elements will not be inferred and must be proven by independent proof. Loyd, 677 So.2d 76. "`Such proof may consist either of evidence of actual knowledge of the contraband's presence or evidence of incriminating statements and circumstances from which the jury might lawfully infer the accused's actual knowledge of the presence of contraband.'" Ogle v. State, 820 So.2d 1054, 1055 (Fla. 4th DCA 2002) (quoting Moffatt v. State, 583 So.2d 779, 781 (Fla. 1st DCA 1991)).
It is undisputed that the narcotics were discovered by detectives in a bedroom that belonged to Angela Holland. At the hearing on the motion to dismiss, Holland presented the possibility that Holland's daughter occupied the master bedroom with Holland, contrary to the State's allegation of Holland's exclusive occupancy. With this assertion, however, Holland created a dispute of material fact as to exclusive occupancy, and a motion to dismiss is thus not proper. See Kalogeropolous, 758 So.2d at 111.
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Evans v. State
...cocaine by showing he had "dominion and control" over the contraband and knowledge of the presence of the contraband. State v. Holland, 975 So.2d 595, 597 (Fla. 2d DCA 2008). Evans did not have exclusive possession of the cocaine at the time he was discovered by police; thus, the two elemen......
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Taylor v. State
... ... State v. Holland, 975 So.2d 595 (Fla. 2d DCA 2008); Jean v. State, 638 So.2d 995, 996-97 (Fla. 4th DCA 1994) (concluding, in appeal of prosecution for trafficking in cocaine resulting in conviction for attempted possession of cocaine, that circumstantial evidence was sufficient to show defendant's dominion and ... ...
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Jackson v. State
...will be inferred if the premises where the contraband was found is in the defendant's exclusive possession." State v. Holland, 975 So.2d 595, 598 (Fla. 2d DCA 2008). "If the premises where contraband is found is in joint, rather than exclusive, possession of a defendant, however, knowledge ......
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Williams v. State
...cases upon which it relies as they are factually distinguishable. See Brown v. State, 8 So.3d 464 (Fla. 2d DCA 2009); State v. Holland, 975 So.2d 595 (Fla. 2d DCA 2008); Ubiles v. State, 23 So.3d 1288 (Fla. 4th DCA 2010); Taylor v. State, 13 So.3d 77 (Fla. 1st DCA 2009).Conclusion The evide......
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Pretrial motions and defenses
...granting a (c)4 motion to dismiss. The state presented sufficient evidence and inferences that present issues of fact. State v. Holland, 975 So. 2d 595 (Fla. 2d DCA 2008) Defendant filed a c(4) motion in a drug possession case contending that the evidence was circumstantial and that she had......