COOK v. STATE

No. 89-3341.

571 So.2d 530 (1990)

Betty Ann COOK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 11, 1990.


Attorney(s) appearing for the Case

Barbara M. Linthicum, Public Defender, and David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


ERVIN, Judge.

Cook appeals the trial court's finding that she was in constructive possession of a crack pipe and its residue, contending that proof of possession was legally insufficient to show that she had knowledge and ability to maintain control over the pipe. We agree and reverse with directions that appellant be discharged as to such offense.

The evidence reveals that a law enforcement officer found the crack pipe in appellant's open purse during a raid...

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