LINDSEY v. STATE

No. 1D00-3007.

793 So.2d 1165 (2001)

Arthur James LINDSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 13, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Kenneth D. Pratt, Senior Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, Arthur James Lindsey, seeks review of his conviction and sentence for trafficking in cocaine and possession of cannabis on the grounds that the trial court erred in denying his motion for judgment of acquittal. Concluding that the state failed to establish the essential element of constructive possession, we reverse.

On April 27, 1997, Appellant was a passenger in a vehicle that was stopped for careless driving. The driver, with Appellant...

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