Woods v. State, 2D99-3995.

• Citation: 765 So.2d 255
• Decision Date: 11 August 2000
• Docket Number: No. 2D99-3995.,2D99-3995.
• Parties: Jermaine WOODS, Appellant, v. STATE of Florida, Appellee.
• Court: Court of Appeal of Florida (US)

765 So.2d 255

Jermaine WOODS, Appellant, v. STATE of Florida, Appellee.

No. 2D99-3995.

District Court of Appeal of Florida, Second District.

August 11, 2000.

James Marion Moorman, Public Defender, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

PARKER, Acting Chief Judge.

Jermaine Woods challenges his conviction for possession of cocaine following a nonjury trial. Because the State failed to prove constructive possession, we reverse and remand with directions to the trial court to dismiss the case.

At Woods' nonjury trial, Officer Gandy of the Clearwater Police Department testified that he pulled his marked cruiser behind Woods' car after Woods and his passenger drove the wrong way on a street posted "Do Not Enter." Officer Gandy did not activate his siren or emergency equipment to stop Woods, but simply followed Woods into a convenience store parking lot. As Officer Gandy approached Woods' car, Woods stepped out from the driver's side. When Woods stepped out, a brown cigar tube fell at his feet from inside the car. Woods looked down and kicked the cigar tube under the edge of the car. As Woods walked toward the convenience store, Officer Gandy told him to stop. At that point, Woods' passenger stepped out of the car and jogged away despite police warnings to stop. Woods later claimed that he knew the passenger only as "Tony," and the police never located or questioned "Tony."

Officer Gandy testified that Woods looked nervous as Officer Gandy approached him. A second officer stood by Woods while Officer Gandy picked up the cigar tube and opened it. After opening the tube, Officer Gandy arrested Woods, telling him that he was being arrested for possession of cocaine. At that point, Woods shouted to a nearby group of bystanders, "They planted it on me."

The car Woods was driving was registered to his girlfriend. When Officer Gandy asked Woods how he came to have the cocaine, Woods said that his passenger had tossed the cigar tube toward the driver's side of the car as Woods got out. When Officer Gandy asked Woods why he had kicked the cigar tube under the car, Woods said he did not know.

At the close of the State's evidence, Woods moved for a judgment of acquittal, arguing that the State failed to prove either actual or constructive possession of the cocaine, that the State failed to establish that Woods knew that the cigar tube contained cocaine, and that the State failed to rebut every reasonable hypothesis of innocence. The trial court denied this motion, holding that the State had proved constructive possession. Woods challenges this ruling on appeal.

Constructive possession requires proof of three elements: (1) that the defendant had dominion and control over the contraband, (2) that the defendant knew that the contraband was in his presence, and (3) that the defendant knew of the illicit nature of the contraband. See Brown v. State, 428 So.2d 250, 252 (Fla. 1983)

; Isaac v. State, 730 So.2d 757, 758 (Fla. 2d DCA 1999); S.B. v. State, 657 So.2d 1252, 1253 (Fla. 2d DCA 1995). If the location where the contraband is found is in the possession of two or more individuals jointly, knowledge of the contraband's presence will not be inferred but must be established by independent proof. See S.B., 657 So.2d at 1253; Murphy v. State, 511 So.2d 397, 399 (Fla. 4th DCA 1987). Such proof may consist of evidence that the defendant had actual knowledge of the presence of the contraband or...