Legal Opinion

Stevens v. State

District Court of Appeal of Florida

Decided September 11, 2013No. 3D12-272Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

Stevens appeals from three convictions and a fifteen-year concurrent sentence for possession of cocaine, marijuana, and a controlled substance without a prescription. Because his trial motions for judgment of acquittal should have been granted, we reverse.

The only connection between Stevens and the drugs was that he had a key to, but had not entered the front door of the apartment in which the drugs were kept, in plain view.1 As in the cases of a next-door neighbor, a housekeeper, or a landlord who may have been given a key to certain premises and thus, has access to…

2Cases cited8 opinions

  1. Commonwealth v. SespedesMassachusetts Supreme Judicial Court · 2004
  2. Green v. StateDistrict Court of Appeal of Florida · 1995
  3. People v. MacIasAppellate Court of Illinois · 1998
  4. Commonwealth v. DelarosaMassachusetts Appeals Court · 2000
  5. Nicholas v. StateDistrict Court of Appeal of Florida · 2010

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