SMITH v. STATE

No. 2D12-1794.

123 So.3d 656 (2013)

Shawn Michael SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 16, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Christina Zuccaro , Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Shawn Michael Smith seeks review of his judgment and sentence for possession of a controlled substance and possession of paraphernalia. Smith argues that the trial court erred in denying his motion for judgment of acquittal because the State failed to present sufficient evidence to establish his constructive possession of the controlled substance and paraphernalia. Smith also raises a challenge to the constitutionality of section 893.13, Florida...

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