Copeland v. State

District Court of Appeal of Florida

Copeland v. State

543 So. 2d 450, 14 Fla. L. Weekly 1277, 1989 Fla. App. LEXIS 2884, 1989 WL 53356

CourtDistrict Court of Appeal of Florida

DecidedMay 24, 1989

DocketNo. 88-2085

StatusPublished

This text of 543 So. 2d 450 (Copeland v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Copeland v. State, 543 So. 2d 450, 14 Fla. L. Weekly 1277, 1989 Fla. App. LEXIS 2884, 1989 WL 53356 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

The appellant was convicted by a jury for possession of cocaine. In our view, the state failed to present sufficient, independent proof to establish that the defendant was in constructive possession of the cocaine. See Hively v. State, 336 So.2d 127 [451]*451(Fla. 4th DCA 1976). Therefore, the trial court erred in denying the appellant’s motion for a judgment of acquittal.

Accordingly, we reverse the appellant’s conviction and sentence and remand with instructions to discharge the appellant.

REVERSED AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI