State v. Odom, 2D02-3270.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | SALCINES. |
| Citation | 862 So.2d 56 |
| Parties | STATE of Florida, Appellant, v. Marlon Deltwan ODOM, Appellee. |
| Docket Number | No. 2D02-3270.,2D02-3270. |
| Decision Date | 10 October 2003 |
862 So.2d 56
STATE of Florida, Appellant,v.
Marlon Deltwan ODOM, Appellee
No. 2D02-3270.
District Court of Appeal of Florida, Second District.
October 10, 2003.
James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellee.
SALCINES, Judge.
The State appeals an order granting Marlon Deltwan Odom's motion for judgment of acquittal after a jury found him guilty of possession of cocaine.1 The trial court erred in granting Odom's motion because the evidence was sufficient to support the jury's verdict in light of the inferences or presumptions which arise from one's exclusive possession of an automobile in which illegal contraband is found. See Garcia v. State, 854 So.2d 758 (Fla. 2d DCA 2003). Hence, we reverse the order acquitting Odom of possession of cocaine.
Odom was found guilty, by a jury, of possession of cocaine as well as possession of marijuana. Following the reception of the verdict, Odom filed a motion entitled "Motion for Judgment Notwithstanding Verdict." The argument contained within his motion challenged the sufficiency of the evidence to withstand his motions for judgment of acquittal for possession of cocaine. See Fla. R.Crim. P. 3.380. The trial court granted Odom's motion and acquitted him of possession of cocaine.
On appeal, the parties maintain that the present case concerned Odom's constructive, rather than actual, possession of cocaine in violation of section 893.13(1)(a), Florida Statutes (2001). The cocaine was found in an automobile in a closed black film cannister lodged between the driver's seat and the console of the car. Odom was the driver and the sole occupant of the automobile when it was stopped.2
In order to establish constructive possession, the State had to prove that Odom, whose offense took place on October 2, 2001, had dominion and control over
the contraband, had knowledge that the contraband was within his presence, and had knowledge of the illicit nature of the contraband. See Garcia, 854 So.2d at 762-64; but see Lee v. State, 835 So.2d 1177, 1178 n. 1 (Fla. 4th DCA 2002) (noting that the legislature enacted section 893.101, Florida Statutes (2002), which has prospective application, to clarify that knowledge of the illicit nature of the controlled substance is not an element of possession but...To continue reading
Request your trial
-
Jones v. Sec'y, Case No. 8:15-cv-185-T-33TBM
...a reasonable probability that the outcome of the proceeding would have been different had counsel renewed the motion. See State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003) ("A trial court should not grant a motion for judgment of acquittal unless the evidence, when viewed in a light most f......
-
Woodson v. Jones, Case No.: 3:16cv180/RV/EMT
...the evidence, when viewed in the light most favorable to the State, fails to establish a prima facie case of guilt." State v. Odom, 862 So. 2d 56, 59 (Fla. 2d DCA 2003).In this case, the victim testified that he was head butted by the Defendant and kicked by the Defendant. The victim testif......
-
Preston v. Sec'y, Department of Corr., CASE NO. 6:08-cv-2085-Orl-31GJK
...section 2254. Under Florida law, a motion for judgment of acquittal challenges the legal sufficiency of the evidence. State v. Odom, 862 So. 2d 56, 59 (Fla. 2d DCA 2003). A judgment of acquittal should be granted when the State fails to present legally sufficient evidence to establish each ......
-
NICHOLAS v. State of Fla., No. 2D07-5400.
...acquittal on this charge. [1] [2] [3] A motion for judgment of acquittal challenges the legal sufficiency of the evidence. State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003). The trial court should grant a judgment of acquittal if the State fails to present legally sufficient evidence to es......
-
Jones v. Sec'y, Case No. 8:15-cv-185-T-33TBM
...a reasonable probability that the outcome of the proceeding would have been different had counsel renewed the motion. See State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003) ("A trial court should not grant a motion for judgment of acquittal unless the evidence, when viewed in a light most f......
-
Woodson v. Jones, Case No.: 3:16cv180/RV/EMT
...the evidence, when viewed in the light most favorable to the State, fails to establish a prima facie case of guilt." State v. Odom, 862 So. 2d 56, 59 (Fla. 2d DCA 2003).In this case, the victim testified that he was head butted by the Defendant and kicked by the Defendant. The victim testif......
-
Preston v. Sec'y, Department of Corr., CASE NO. 6:08-cv-2085-Orl-31GJK
...section 2254. Under Florida law, a motion for judgment of acquittal challenges the legal sufficiency of the evidence. State v. Odom, 862 So. 2d 56, 59 (Fla. 2d DCA 2003). A judgment of acquittal should be granted when the State fails to present legally sufficient evidence to establish each ......
-
NICHOLAS v. State of Fla., 2D07-5400.
...acquittal on this charge. [1] [2] [3] A motion for judgment of acquittal challenges the legal sufficiency of the evidence. State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003). The trial court should grant a judgment of acquittal if the State fails to present legally sufficient evidence to es......