Legal Opinion · Dissent

Hudson v. State

District Court of Appeal of Florida

Decided August 3, 2016No. 4D14-4167Published

1DissentConner, J.

I respectfully dissent because the record supports the trial court’s denial of the defendant’s motion for judgment of acquittal.

I agree with- the majority that proof of the defendant’s guilt is based on constructive possession of the shotgun and circumstantial evidence. A number of the cases cited' by the majority involve fact patterns of joint occupants of a. vehicle where contraband is found in the passenger compartment of a vehicle, which I do-not find to be particularly helpful in resolving the instant case in which contraband was found in the trunk of a rental car.

Because the car was…

2Cases cited5 opinions

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1984
  2. Sparks v. StateSupreme Court of Florida · 1973
  3. Jennings v. StateDistrict Court of Appeal of Florida · 2013
  4. Gizaw v. StateDistrict Court of Appeal of Florida · 2011
  5. Williams v. StateDistrict Court of Appeal of Florida · 2013

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