Smith v. State

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 Statutes (2010). We affirm in part and reverse in part.

The evidence presented at trial established that an officer conducted a…