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Evans v. State, Case No. 1D09-798 (Fla. App. 4/13/2010) (Fla. App., 2010)

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MICHAEL JAY EVANS, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D09-798. District Court of Appeal of Florida, First District. Opinion filed April 13, 2010. An appeal from the Circuit Court for Escambia County, Frank Bell, Judge. Nancy A. Daniels, Public Defender; and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General; and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. KAHN, J. A jury found Michael Jay Evans (appellant) guilty of actual or constructive possession of two controlled substances (Counts Two & Four) and possession of drug paraphernalia, including pipes or other items used with controlled substances (Count Five). Appellant argues the trial court erred, in pertinent part, by denying a Page 2 motion for judgment of acquittal (JOA) on Counts Two and Four, where the circumstantial evidence was insufficient to establish that appellant constructively possessed the controlled substances...continue to full post

Full post as published by Florida Criminal Law Opinions on April 13, 2010 (boomark / email).