MOSLEY v. STATE

No. 72-257.

281 So.2d 590 (1973)

Richard Eugene MOSLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 29, 1973.


Attorney(s) appearing for the Case

Charles W. Musgrove, Public Defender, and Richard S. Power, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Chief Judge.

Appellant was convicted for possession of certain narcotic drugs and paraphernalia, which conviction necessarily had to be based upon constructive possession since there was no evidence of actual physical possession. The drugs and paraphernalia were seized pursuant to search warrant executed on an apartment leased to and occupied by appellant's paramour. Although appellant also occupied the apartment sporadically, it was not in his exclusive possession...

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