Lane v. State

District Court of Appeal of Florida

Lane v. State

543 So. 2d 453, 14 Fla. L. Weekly 1280, 1989 Fla. App. LEXIS 2887, 1989 WL 53359

CourtDistrict Court of Appeal of Florida

DecidedMay 24, 1989

DocketNo. 88-2417

StatusPublished

This text of 543 So. 2d 453 (Lane 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

Lane v. State, 543 So. 2d 453, 14 Fla. L. Weekly 1280, 1989 Fla. App. LEXIS 2887, 1989 WL 53359 (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 (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.

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