Woods v. State, 2D99-3995.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PARKER, Acting Chief. |
| Citation | 765 So.2d 255 |
| Parties | Jermaine WOODS, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 2D99-3995.,2D99-3995. |
| Decision Date | 11 August 2000 |
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.
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
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,...
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NICHOLAS v. State of Fla., 2D07-5400.
...simple proximity to the contraband, from which the jury could infer the defendant's knowledge.” Id. (citing 47 So.3d 301Woods v. State, 765 So.2d 255, 257 (Fla. 2d DCA 2000)); see also Jackson v. State, 995 So.2d 535, 540-41 (Fla. 2d DCA 2008) (holding that evidence of knowledge, dominion, ......
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Nicholas v. State Of Fla., 2D07-5400
...other than simple proximity to the contraband, from which the jury could infer the defendant's knowledge." ld (citing Woods v. State, 765 So. 2d 255, 257 (Fla. 2d DCA 2000)); see also Jackson v. State, 995 So. 2d 535, 540-41 (Fla. 2d DCA 2008) (holding that evidence of knowledge, dominion, ......
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Nava v. Sec'y, CASE NO. 6:10-cv-00100-22GJK
...other than simple proximity to the contraband, from which the jury could infer the defendant's knowledge." Id. (citing Woods v. State, 765 So.2d 255, 257 (Fla. 2d DCA 2000). Trooper Glaenzer testified that the defendants told him they had picked up the cocaine in North Carolina and were tra......
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Scruggs v. State, 4D00-3434.
...Williams v. State, 573 So.2d 124 (Fla. 4th DCA 1991); McGowan v. 785 So.2d 608 State, 778 So.2d 354 (Fla. 2d DCA 2001); Woods v. State, 765 So.2d 255 (Fla. 2d DCA 2000); Agee v. State, 522 So.2d 1044 (Fla. 2d DCA 1988); cf. Ball v. State, 758 So.2d 1239 (Fla. 5th DCA Accordingly, we reverse......
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NICHOLAS v. State of Fla., 2D07-5400.
...simple proximity to the contraband, from which the jury could infer the defendant's knowledge.” Id. (citing 47 So.3d 301Woods v. State, 765 So.2d 255, 257 (Fla. 2d DCA 2000)); see also Jackson v. State, 995 So.2d 535, 540-41 (Fla. 2d DCA 2008) (holding that evidence of knowledge, dominion, ......
-
Nicholas v. State Of Fla., 2D07-5400
...other than simple proximity to the contraband, from which the jury could infer the defendant's knowledge." ld (citing Woods v. State, 765 So. 2d 255, 257 (Fla. 2d DCA 2000)); see also Jackson v. State, 995 So. 2d 535, 540-41 (Fla. 2d DCA 2008) (holding that evidence of knowledge, dominion, ......
-
Nava v. Sec'y, CASE NO. 6:10-cv-00100-22GJK
...other than simple proximity to the contraband, from which the jury could infer the defendant's knowledge." Id. (citing Woods v. State, 765 So.2d 255, 257 (Fla. 2d DCA 2000). Trooper Glaenzer testified that the defendants told him they had picked up the cocaine in North Carolina and were tra......
-
Scruggs v. State, 4D00-3434.
...Williams v. State, 573 So.2d 124 (Fla. 4th DCA 1991); McGowan v. 785 So.2d 608 State, 778 So.2d 354 (Fla. 2d DCA 2001); Woods v. State, 765 So.2d 255 (Fla. 2d DCA 2000); Agee v. State, 522 So.2d 1044 (Fla. 2d DCA 1988); cf. Ball v. State, 758 So.2d 1239 (Fla. 5th DCA Accordingly, we reverse......