JIMMIE LEE HAMILTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JIMMIE LEE HAMILTON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
986 So. 2d 658
Florida District Court of Appeal, First District (2008)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The petition for belated appeal is granted. Petitioner shall be allowed a belated appeal from the judgment and sentence rendered on March 30, 2007, in Escambia County Circuit Court case number 07-180CFA. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
KAHN, PADOVANO, and HAWKES, JJ., concur.
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In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-03, 191 So. 3d 291 (Fla. 2016)…a substance was located> you may not infer [he] [[she] had Knowledge of the presence of [*307] the substance or the ability-power and intention to control it, in the absence of other incriminating evidence. Give if applicable. See Duncan v. State, 986 So. 2d 658 (Fla. 4th DGA 2008). However, you may infer that (defendant) knew of the presence of the substance and had the ability.power and intention to control it if [he] [she] had joint control over the place where the substance was located, and the substan…1 / 5
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Lindsey Rene Temple v. State, 150 So. 3d 1265 (Fla. 1st DCA 2014)…on that took place must have occurred while she was sleeping.5 The present case is not a case where a controlled substance was found in the defendant’s bedroom or in plain view in a common area over which she had joint control. Cf. Duncan v. State, 986 So. 2d 658, 654-56 (Fla. 4th DCA 2008) (concluding there was sufficient evidence to create a factual question as to appellant’s constructive possession when appellant was an occupant of the house, cocaine was found in plain view in a room used by all house occ…