MCKINLEY SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MCKINLEY SCOTT, APPELLANT,
STATE OF FLORIDA, APPELLEE
820 So. 2d 1054
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Affirm without prejudice to raise this claim in a rule 3.800(a) motion.
AFFIRMED.
GUNTHER, WARNER and MAY, JJ., concur.
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Bussell v. State, 66 So. 3d 1059 (Fla. 1st DCA 2011)…nd control over it.” Id. Where contraband is found on premises in joint possession, knowledge of the contraband can be established with actual knowledge or circumstantial evidence from which the jury could infer guilt. See id. at 190; Ogle v. State, 820 So. 2d 1054, 1056 (Fla. 4th DCA 2002). Here, the State put forth circumstantial evidence from which the jury could infer that Appellant was the person who downloaded the child pornography onto the family computer. Appellant’s wife and son both testified they d…
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Hill v. State, 873 So. 2d 491 (Fla. 1st DCA 2004)…89), where the only evidence of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence. See also Ogle v. State, 820 So. 2d 1054, 1056 (Fla. 4th DCA 2002). While the appellant was sleeping in a room where a small quantity of cocaine and drug paraphernalia were in open view, the larger caches of cocaine were hidden in dressers. Even viewing the evidence in a light most favora…
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State v. Holland, 975 So. 2d 595 (Fla. 2d DCA 2008)…st either of evidence of actual knowledge of the contraband’s presence or evidence of incriminating statements and circumstances from which the jury might lawfully infer the accused’s actual knowledge of the presence of contraband.’ ” Ogle v. State, 820 So. 2d 1054, 1055 (Fla. 4th DCA 2002) (quoting Moffatt v. State, 583 So. 2d 779, 781 (Fla. 1st DCA 1991)). It is undisputed that the narcotics were discovered by detectives in a bedroom that belonged to Angela Holland. At the hearing on the motion to dismiss,…
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