A.P. v. State
A.P. v. State
Opinion of the Court
A.P. appeals from the order finding him guilty of minor in possession of a firearm and felon in possession of a firearm but declining to adjudicate him delinquent. While he raises several issues in this appeal, we need not address each one because we agree with A.P. that the State failed to prove the corpus delicti of the crimes charged and therefore should not have been allowed to introduce his admission into evidence.
The evidence at trial showed that A.P. was driving a car in which his two brothers were passengers when police officers conducted a traffic stop because they believed they smelled marijuana coming from the car. Once the car was stopped, an officer approached A.P., told him why they had stopped the car, and then handcuffed A.P. and placed him in the back seat of his patrol car. A second officer searched the passengers and the car and found a marijuana blunt on one passenger and a holstered firearm under the floor mat of the front passenger seat. Over objection, one of the officers testified that when A.P. learned the officers had found a firearm in the car, A.P. stated it belonged to him. Based on his admission, the officers arrested A.P. on the firearm charges and released his brothers.
At trial, A.P. objected on corpus delicti grounds when the State sought to introduce his admission into evidence. The trial court overruled the objection. At the close of the State's case and at the conclusion of the trial, A.P. moved for a judgment of dismissal again arguing that the State had failed to establish the corpus delicti of the crimes absent his admission. Specifically, A.P. argued that absent his admission, the *801State had failed to present prima facie evidence that he actually or constructively possessed the gun. He cited to this court's decision in Ras v. State,
Florida adheres to the traditional rule of corpus delicti. See, e.g., J.B. v. State,
A.P. was charged with violating section 790.22(3), Florida Statutes (2015), which makes it a crime for a minor to possess a firearm except under certain enumerated circumstances and section 790.23(1)(b), which makes it a crime for "any person to own or to have in his or her care, custody" a firearm if they have been found "to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age." To establish the corpus delicti-that is to show that the charged crimes occurred-the State would have to show that a firearm was possessed by an individual who is prohibited by the statute from possessing it. A.P. argues, and we agree, that without his statement, the State's evidence did not prove he possessed the gun, and without that, there was no proof a crime occurred.
This court's decision in Ras is instructive. There, Ras was convicted of trafficking by possession.
In order to support the conviction for trafficking by possession, the evidence must show that Ras possessed the cocaine, either actually or constructively.
The evidence reflects that Griswold, not Ras, had actual possession of the cocaine. To prove constructive possession, the state was required to prove that Ras knew of the presence of the cocaine and had the ability to maintain control over it or reduce it to his physical possession. Ras certainly knew of the presence of the cocaine, so this case turns on whether he had dominion or control over the cocaine. Because Ras did not have exclusive control of the area, it may not be inferred that he had control of the cocaine without other incriminating statements or circumstances which tend to support that inference. The trial court relied on Ras's post-arrest statement that they intended to take the cocaine to the buyer in Sarasota in order to show that Ras at least constructively possessed the cocaine. That admission, however, cannot be the *802sole evidence to support the element of possession; the state was required to present prima facie evidence establishing all elements of trafficking by possession independent of Ras's statement. The state offered no prima facie evidence to show that Ras possessed the cocaine.
Similarly, to prove constructive possession of a firearm the State must produce evidence establishing that "the defendant had knowledge of the presence of the gun and the ability to exercise control over it." Creamer v. State,
The evidence here showed that A.P. and two passengers were together in the car, and A.P. was driving. The gun was hidden from sight under the floor mat of the front passenger seat. We have repeatedly held that mere proximity to contraband in a jointly occupied car is not sufficient to sustain a conviction based on constructive possession. See K.A.K,
We also note that although corpus delicti typically does not require proof of the identity of the guilty party before a defendant's statement can be admitted, sometimes the identity of the guilty party and the proof that a crime occurred "are so intimately connected that the proof of the corpus delicti and the guilty agency are shown at the same time." Spanish v. State,
The State argues that we should reject the traditional corpus delicti rule in favor of the corroboration rule applied in federal courts. We acknowledge that the traditional doctrine of corpus delicti seems ill suited to crimes such as the ones charged here. See United States v. Shunk,
A.P.'s admission should not have been allowed into evidence. Without his admission, the State's evidence was insufficient to prove that A.P. possessed the gun. Accordingly, we reverse the order finding him guilty and remand for entry of an order granting his motion for judgment of dismissal.
Reversed and remanded with directions.
BLACK and SALARIO, JJ., Concur.
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