Ogle v. State, 820 So. 2d 1054 (Fla. 4th DCA 2002). · Go Syfert
Search
Ogle v. State, 820 So. 2d 1054 (Fla. 4th DCA 2002). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Bussell v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
See id. at 190 ; Ogle v. State, 820 So.2d 1054, 1056 (Fla. 4th DCA 2002).
discussed Cited as authority (rule) State v. Holland
Fla. Dist. Ct. App. · 2008 · confidence medium
Loyd, 677 So.2d 76 . "`Such proof may consist 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)).
discussed Cited "see" Rosier v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Ogle v. State, 820 So.2d 1054, 1056 (Fla. 4th DCA 2002) (the state’s evidence was sufficient to support a finding that the defendant had constructive possession of drugs where, among other things, the police found drugs in his bedroom and he stated that the bedroom’s belongings were his); Maestas v. State, 76 So.3d 991, 996 (Fla. 4th DCA 2011) (‘We hold that section 893.101 did not remove scienter from section 893.13 offenses and did not create an unconstitutional strict liability crime.”).
cited Cited "see" Styles v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Ogle v. State, 820 So.2d 1054 (Fla. 4th DCA 2002); Green v. State, 754 So.2d 163 (Fla. 5th DCA 2000).
cited Cited "see, e.g." Hill v. State
Fla. Dist. Ct. App. · 2004 · signal: see also · confidence medium
See also Ogle v. State, 820 So.2d 1054, 1056 (Fla. 4th DCA 2002).
Retrieving the full opinion text from the archive…
David OGLE, Appellant,
v.
STATE of Florida, Appellee.
4D01-330.
District Court of Appeal of Florida, Fourth District.
Jul 10, 2002.
820 So. 2d 1054
Polen.
Cited by 5 opinions  |  Published

[*1055] Carey Haughwout, Public Defender, and Iva K. Oza, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, for appellee.

POLEN, C.J.

We withdraw our previous opinion and substitute the following in its place to correct a clerical error.

David Ogle timely appeals after a jury convicted him of possession of Alprazolam, the drug commonly known as Xanax. He was sentenced to 24 months in prison. We affirm his conviction.

Facts

Officers discovered the drugs in an open ceramic jar on top of a dresser in Ogle's bedroom. Ogle's photo identification lay next to it. Ogle said the belongings in that bedroom were his. There were other residents in the house with access to Ogle's bedroom. In his motion for judgment of acquittal, Ogle argued this evidence was insufficient to prove he possessed the drugs. The trial court denied his motion.

The owner of the house testified that Ogle moved in because he did not have any money. She testified the pills the police found belonged to the person who previously occupied Ogle's bedroom. During cross, she stated Ogle had just gotten out of jail. The trial court sustained Ogle's objection, instructed the jury to disregard the comment, but denied Ogle's motion for mistrial.

Ogle presented evidence that another resident of the house, Cheryl Allen, was released from a mental hospital and was taking prescription medication, including[*1056] Xanax. Although the evidence was in conflict, he argued she would put her pills in different places and leave them everywhere, not necessarily in their bottles. Ogle again moved for a judgment of acquittal, but his motion was denied.

Merits

Since the witnesses failed to testify they saw Ogle in actual possession of the drug, the state had the burden of showing he had constructive possession of it. To prove constructive possession of contraband, the state must show that the defendant had dominion and control over the contraband, knew it was within his presence, and had knowledge of its illicit nature. Brown v. State, 428 So.2d 250, 252 (Fla.1983). If the premises where the contraband is found is in joint possession of the defendant, knowledge of the presence of the contraband and the ability to control same must be established by independent proof. Moffatt v. State, 583 So.2d 779, 781 (Fla. 1st DCA 1991). "Such proof may consist 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." Id. (citation omitted). Overall,

[I]t is for the court to determine, as a threshold matter, whether the state has been able to produce competent, substantial evidence to contradict the defendant's story. If the state fails in this initial burden, then it is the court's duty to grant a judgment of acquittal to the defendant as to the charged offense....

State v. Law, 559 So.2d 187, 189 (Fla.1989) (citation omitted). "Where the only proof 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." Id. at 188.

Under this standard, we hold the trial court did not err in denying Ogle's motion for judgment of acquittal. Some of the evidence the state introduced to show that Ogle had dominion and control over the Xanax, was aware of its presence, and knew of its illicit nature was 1) the fact he occupied the room and 2) his statement that the belongings in the room were his. As to the latter fact, the jury could have put great weight on the fact that the Xanax pills were found in an open ceramic jar, belonging to Ogle, on his dresser, next to which Ogle's photo identification was found. Considering the totality of the record below, and resolving conflicts in the testimony consistent with the jury's verdict, we hold there was sufficient competent, substantial evidence to prove his conscious possession, as distinguished from his mere involuntary or superficial possession, of the drugs.

AFFIRMED.

STEVENSON and TAYLOR, JJ., concur.