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COPELAND v. STATE

No. 88-2085.

543 So.2d 450 (1989)

Joe E. COPELAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 24, 1989.

Attorney(s) appearing for the Case

Clifford M. Miller of Miller & Miller, Vero Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.

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.

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