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ALLEN v. STATE

No. 92-03003.

622 So.2d 526 (1993)

James W. ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 23, 1993.

Attorney(s) appearing for the Case

Kelley W. Collier of Tanner & Collier, P.A., Eaton Park, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Acting Chief Judge.

James Allen (Allen) appeals the final judgment which adjudicated him guilty of trafficking in methamphetamine. We reverse, concluding that the evidence does not support that Allen had constructive possession of the methamphetamine.

In December 1991 the "Methamphetamine Task Force" served a search warrant at a residence located near Lake Wales.1 At the time the warrant was executed, five people (three...

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