D.K.W. v. STATE

No. TT-150.

398 So.2d 885 (1981)

D.K.W., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 9, 1981.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Nancy A. Daniels, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., David Gauldin, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant, a juvenile, appeals his conviction of possession of less than 20 grams of marijuana, arguing there was insufficient evidence to support a conclusion that he constructively possessed the marijuana. We agree and reverse.

The evidence at trial showed appellant and his co-defendant were arrested in front of a high school. The arresting officer testified that he observed the two boys sitting on top of a wall near the school office. He detected...

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