Lane v. State, 543 So. 2d 453 (Fla. 4th DCA 1989). · Go Syfert
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Lane v. State, 543 So. 2d 453 (Fla. 4th DCA 1989). Cases Citing This Book View Copy Cite
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Geary LANE
v.
STATE of Florida
No. 88-2417.
District Court of Appeal of Florida, Fourth District.
May 24, 1989.
543 So. 2d 453
1989 Fla. App. LEXIS 2887
1989 WL 53359
Richard L. Jorandby, Public Defender, Jeffrey L. Anderson, Assistant Public Defender, and Julio Padilla, Certified Legal Intern, West Palm Beach, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael J. Heilman, Asst. Atty. Gen., West Palm Beach, for appellee.
Glickstein, Gunther, Robinson, Steven.
Published
PER CURIAM.

The appellant was convicted by a jury for possession of cocaine. In our view, the state failed to present sufficient, independent proof to establish that the defendant was in constructive possession of the cocaine. See Hively v. State, 336 So.2d 127 (Fla. 4th DCA 1976). Therefore, the trial court erred in denying the appellant's motion for a judgment of acquittal.

Accordingly, we reverse the appellant’s conviction and sentence and remand with instructions to discharge the appellant.

REVERSED AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.