SHELLY TOWNSEND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Since the automobile in which the contraband was found was not in the exclusive possession of appellant, a passenger therein, knowledge of its presence cannot be inferred but must be established by proof. Frank v. State, Fla.App.1967, 199 So. 2d 117. The proof in this record is circumstantial and in our judgment does not rise to that quality necessary to exclude a reasonable hypothesis of innocence; therefore appellant’s motion for a judgment of acquittal on the charge of possession of a controlled substance should have been granted.
Accordingly, the judgment and sentence appealed from are reversed and the cause is remanded with directions to discharge appellant.
CROSS, MAGER and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Murphy v. State, 511 So. 2d 397 (Fla. 4th DCA 1987)…ce and must exclude every reasonable hypothesis except that of guilt. Harvey v. State, 390 So. 2d 484 (Fla. 4th DCA 1980); Manning v. State, 355 So. 2d 166 (Fla. 4th DCA 1978), D.J. v. State, 330 So. 2d 35, 36 (Fla. 4th DCA 1976); Townsend v. State, 330 So. 2d 513 (Fla. 4th DCA 1976). There is no evidence, other than appellant’s joint possession of the car for a short period of time that supports a finding of knowledge of the presence of the contraband. This evidence alone is not sufficient independent proof…
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Fedor v. State, 483 So. 2d 42 (Fla. 2d DCA 1986)…h District reversed defendant’s conviction for possession of marijuana, stating that, under the circumstances, “we cannot infer that appellant was in actual or constructive possession of the marijuana.” 355 So. 2d at 167. See also Townsend v. State, 330 So. 2d 513 (Fla. 4th DCA 1976); Moore v. State, 325 So. 2d 466 (Fla. 4th DCA 1976). [*45] In finding insufficient evidence to convict a defendant, who was one of eight occupants, and was a resident, of a bus in which marijuana was located, of possession of mar…
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Gartrell v. State, 609 So. 2d 112 (Fla. 4th DCA 1992)…4th DCA 1989); Cockett v. State, 507 So. 2d 1217 (Fla. 4th DCA 1987); Harvey v. State, 390 So. 2d 484 (Fla. 4th DCA 1980); Manning v. State, 355 So. 2d 166 (Fla. 4th DCA 1978); D.J. v. State, 330 So. 2d 35 (Fla. 4th DCA 1976); and Townsend v. State, 330 So. 2d 513 (Fla. 4th DCA 1976) — all to the same effect. What is true for residential premises is even more true for automobiles. Medlin makes clear that if the legislature has omitted the requirement of guilty knowledge in the text of a statute, then guilty…
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- Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967)