S. P. v. State

District Court of Appeal of Florida

S. P. v. State

399 So. 2d 402, 1981 Fla. App. LEXIS 20012

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1981

DocketNo. 79-2057

StatusPublished

Cited by1 cases

This text of 399 So. 2d 402 (S. P. 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

S. P. v. State, 399 So. 2d 402, 1981 Fla. App. LEXIS 20012 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

The defendant’s adjudication of delinquency for possession of more than five grams of marijuana must be reversed because the circumstantial evidence of joint or constructive possession is entirely inadequate to establish that the juvenile had either knowledge of or the ability to control the contraband so as to establish criminal possession. Johnson v. State, 381 So.2d 342 (Fla.3d DCA 1980) and cases cited therein.

Reversed and remanded with directions to discharge the juvenile.

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PER CURIAM.

The defendant’s adjudication of delinquency for possession of more than five grams of marijuana must be reversed because the circumstantial evidence of joint or constructive possession is entirely inadequate to establish that the juvenile had either knowledge of or the ability to control the contraband so as to establish criminal possession. Johnson v. State, 381 So.2d 342 (Fla.3d DCA 1980) and cases cited therein.

Reversed and remanded with directions to discharge the juvenile.

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399 So. 2d 402, 1981 Fla. App. LEXIS 20012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-p-v-state-fladistctapp-1981.

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