State v. Perry

District Court of Appeal of Florida

State v. Perry

629 So. 2d 309, 1993 Fla. App. LEXIS 13228, 1993 WL 533807

CourtDistrict Court of Appeal of Florida

DecidedDecember 22, 1993

DocketNo. 93-00294

StatusPublished

Cited by1 cases

This text of 629 So. 2d 309 (State v. Perry) 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.

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State v. Perry, 629 So. 2d 309, 1993 Fla. App. LEXIS 13228, 1993 WL 533807 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The state has appealed from an order dismissing its case against Vernice Perry pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Perry, who jointly occupied a motel room with a codefendant, was charged with actual or constructive possession of eleven pieces of rock cocaine. The state’s traverse to the (c)(4) motion raises factual issues concerning Perry’s knowledge of the presence of the cocaine, an element of constructive possession. See State v. Duran, 550 So.2d 45 (Fla. 3d DCA 1989). When the facts are considered in the light most favorable to the state, they do not clearly demonstrate that Perry has not committed the crime.

Accordingly, the order of dismissal is reversed and this case is remanded for further proceedings. See State v. Bruner, 526 So.2d 1076 (Fla. 5th DCA 1988).

FRANK, C.J., and SCHOONOVER and BLUE, JJ., concur.

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PER CURIAM.

The state has appealed from an order dismissing its case against Vernice Perry pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Perry, who jointly occupied a motel room with a codefendant, was charged with actual or constructive possession of eleven pieces of rock cocaine. The state’s traverse to the (c)(4) motion raises factual issues concerning Perry’s knowledge of the presence of the cocaine, an element of constructive possession. See State v. Duran, 550 So.2d 45 (Fla. 3d DCA 1989). When the facts are considered in the light most favorable to the state, they do not clearly demonstrate that Perry has not committed the crime.

Accordingly, the order of dismissal is reversed and this case is remanded for further proceedings. See State v. Bruner, 526 So.2d 1076 (Fla. 5th DCA 1988).

FRANK, C.J., and SCHOONOVER and BLUE, JJ., concur.

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629 So. 2d 309, 1993 Fla. App. LEXIS 13228, 1993 WL 533807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perry-fladistctapp-1993.

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