SMITH v. STATE

No. 87-1224.

519 So.2d 750 (1988)

Terry Leonard SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 10, 1988.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

The defendant was convicted of trafficking in cocaine. A review of the record discloses that the evidence was insufficient to state a prima facie case of constructive possession.

During a search of property located in a residential subdivision, the police discovered cocaine in a can under a bush. The property was occupied by the defendant and another man. The contraband was discovered several feet beyond the property line. A considerable amount...

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