Florida District Courts of Appeal, 1981

S. P. v. State

Florida District Courts of Appeal · Decided June 2, 1981 · Harold, Nesbitt, Ret, Schwartz, Vann

399 So. 2d 402; 1981 Fla. App. LEXIS 20012 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Januse v. U-Haul Co., Inc. (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The defendant’s adjudication of delinquency for possession of more than five grams of marijuana must be reversed because the circumstantial evidence of joint or constructive possession is entirely inadequate to establish that the juvenile had either knowledge of or the ability to control the contraband so as to establish criminal possession. Johnson v. State, 381 So.2d 342 (Fla.3d DCA 1980) and cases cited therein.

Reversed and remanded with directions to discharge the juvenile.

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