M.D.L. v. State

District Court of Appeal of Florida

M.D.L. v. State

531 So. 2d 1042, 13 Fla. L. Weekly 2271, 1988 Fla. App. LEXIS 4437, 1988 WL 100948

District Court of Appeal of Florida·Decided October 4, 1988·No. No. 88-1142·Published

Opinion

PER CURIAM.

The adjudication of delinquency for unlawful possession of cocaine is affirmed upon a holding that sufficient evidence was [1043]*1043presented at trial to sustain the aforesaid adjudication, to wit: (a) a clear plastic bag containing cocaine was found by police beneath the front passenger seat of an otherwise jointly occupied car; (b) the juvenile M.D.L. was observed by police just prior to the subject search, seated in the front passenger seat and bent down toward the floorboard “in a strange manner,” in which position he remained until ordered out of the car by the police; and (c) the juvenile M.D.L. did not at first get out of the car when police ordered him to do so, but did so only after being ordered out a second time. See Thomas v. State, 512 So.2d 1099, 1101 (Fla. 5th DCA 1987), rev. denied, 520 So.2d 586 (Fla.1988); Molinaro v. State, 360 So.2d 119, 120 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1371 (Fla. 1979); Porter v. State, 302 So.2d 481, 483 (Fla. 3d DCA 1974); Amato v. State, 296 So.2d 609, 611 (Fla. 3d DCA 1974).

AFFIRMED.

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PER CURIAM.

The adjudication of delinquency for unlawful possession of cocaine is affirmed upon a holding that sufficient evidence was [1043]*1043presented at trial to sustain the aforesaid adjudication, to wit: (a) a clear plastic bag containing cocaine was found by police beneath the front passenger seat of an otherwise jointly occupied car; (b) the juvenile M.D.L. was observed by police just prior to the subject search, seated in the front passenger seat and bent down toward the floorboard “in a strange manner,” in which position he remained until ordered out of the car by the police; and (c) the juvenile M.D.L. did not at first get out of the car when police ordered him to do so, but did so only after being ordered out a second time. See Thomas v. State, 512 So.2d 1099, 1101 (Fla. 5th DCA 1987), rev. denied, 520 So.2d 586 (Fla.1988); Molinaro v. State, 360 So.2d 119, 120 (Fla. 3d DCA 1978), cert. denied, 368 So.2d 1371 (Fla. 1979); Porter v. State, 302 So.2d 481, 483 (Fla. 3d DCA 1974); Amato v. State, 296 So.2d 609, 611 (Fla. 3d DCA 1974).

AFFIRMED.

M.D.L. v. State, 531 So. 2d 1042, 13 Fla. L. Weekly 2271, 1988 Fla. App. LEXIS 4437, 1988 WL 100948 (Fla. Ct. App. 1988).

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