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SESSION v. STATE

No. 5D15-2321.

187 So.3d 379 (2016)

Johnson SESSION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 18, 2016.

Attorney(s) appearing for the Case

Ryan Thomas Truskoski , Special Assistant Regional Counsel, and Jeffrey Deen , of the Office of the Criminal and Civil Regional Counsel, Casselberry, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Nora Hutchinson Hall , Assistant Attorney General, Daytona Beach, for Appellee.

Johnson Session ("Appellant") appeals the trial court's denial of his motion for judgment of acquittal regarding possession of a controlled substance. Because the State's only evidence of constructive possession by Appellant was his proximity to the controlled substances, we reverse.

Police observed Appellant and another individual...

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