Collier v. State

LEHAN, Judge.

Defendant, convicted of possession of cocaine, appeals from the denial of his motion for judgment of acquittal and for a new trial. We reverse.

Defendant was seen by police officers sitting on a concrete wall in what was described as a drug trafficking area. Near defendant on the ground was a package. The package was later found to contain cocaine. The officer approached defendant and placed him under arrest. The package was admitted into evidence at defendant’s trial.

There was no evidence that defendant had ever possessed the package or that it was in his constructive possession…