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DEMPS v. STATE

No. 5D00-3449.

795 So.2d 141 (2001)

Tyrone Thomas DEMPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 24, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

The issue in this case is whether the driver and sole occupant of a vehicle in which cocaine is found in "an ashtray cover in front of the drive shaft" (which places it immediately beside the driver) can be found to be in possession of that cocaine when there is testimony that others have occupied the vehicle earlier in the day.

As we have done before, we again say it is a jury question. In Parker v...

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