J.M., v. STATE

No. 4D02-1967.

839 So.2d 832 (2003)

J.M., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 5, 2003.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Charlie Crist, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


TAYLOR, J.

J.M. appeals a disposition order adjudicating him delinquent for possession of cocaine. We reverse because the state failed to prove that appellant was in constructive possession of the cocaine.

Appellant was a passenger in a car occupied by two others. The car was parked at night, with its lights on, in a warehouse parking lot adjacent to Boomers Amusement Park. When two deputies of the Broward Sheriff's Office approached the vehicle, it started...

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