Florida District Courts of Appeal, 1981

S. P. v. State

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)

S. P. v. State

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.