Smith v. State

STONE, Judge.

The defendant was convicted of trafficking in cocaine. A review of the record discloses that the evidence was insufficient to state a prima facie case of constructive possession.

During a search of property located in a residential subdivision, the police discovered cocaine in a can under a bush. The property was occupied by the defendant and another man. The contraband was discovered several feet beyond the property line. A considerable amount of trash was scattered around the area, some of which was admittedly the defendant’s, but much of which had been discarded by others. A…