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S.B. v. STATE

No. 93-04081.

657 So.2d 1252 (1995)

S.B., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 12, 1995.

Attorney(s) appearing for the Case

Geoffrey A. Foster, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Johnny T. Salgado, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Acting Chief Judge.

S.B. appeals an adjudication of delinquency arising from his alleged possession of marijuana. We reverse because the state failed to prove that the marijuana was in S.B.'s constructive possession.

Shortly after midnight on Sunday, May 9, 1993, a Sarasota police officer stopped a car because one of its tail lights was not working. S.B. was one of several passengers in the car. After giving the driver a ticket for the equipment...

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