WAGNER v. STATE

No. 2D05-1930.

950 So.2d 511 (2007)

Donald Ray WAGNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 9, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jeffrey M. Hazen, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Donald Ray Wagner appeals his convictions for possession of cocaine with intent to sell and for possession of paraphernalia. He argues that the State failed to prove that he was in constructive possession of the contraband. We agree and reverse.

The State's evidence at trial reflected that the police executed a search warrant at the home Wagner shared with his girlfriend, Celestine Mitchell. In the couple's bedroom the officers found cocaine...

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