Evans v. State

I concur with the majority that the trial court erred in denying Mr. Evans’ motion for a mistrial after the prosecutor improperly commented on the exercise by Mr. Evans of his right to remain silent. However, I respectfully dissent from the majority’s holding concerning the sufficiency of the evidence to establish that Mr. Evans was in constructive possession of the cocaine found in the east bedroom of the residence owned by Ricky Kutner. Because Mr. Evans’ conviction is not supported by competent, substantial evidence, I would reverse his judgment and sentence for trafficking in cocaine and…