Legal Opinion

E.A.P. v. State

District Court of Appeal of Florida

Decided July 9, 2004No. 1D03-5190Published

1Per curiam

Appellant seeks review of his adjudication of delinquency based upon a determination by the trial court that he had committed what would be the offenses of possession of cocaine and attempted tampering with evidence were he an adult. He contends that the trial court should have granted his motion for judgment of dismissal. We agree.

The charges against appellant were based on circumstantial evidence, and the cocaine possession charge was predicated on the premise that appellant had constructive possession of the cocaine. As to the constructive possession charge, the evidence was insufficient,…

2Cases cited4 opinions

  1. Woods v. StateDistrict Court of Appeal of Florida · 2000
  2. C.M. v. StateDistrict Court of Appeal of Florida · 2002
  3. C.K. v. StateDistrict Court of Appeal of Florida · 2000
  4. Poitier v. StateDistrict Court of Appeal of Florida · 1988

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