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Harrington v. State

District Court of Appeal of Florida, Fifth District
Apr 25, 2008
980 So. 2d 563 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D07-840.

April 25, 2008.

Appeal from the Circuit Court, Lake County, Mark J. Hill, J.

Jack R. Maro, Ocala, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


We reverse Appellant's convictions for trafficking in methamphetamine and possession of paraphernalia. As for the trafficking conviction, the State failed to offer independent proof that Appellant, a joint occupant of the house in which the drugs were located, had knowledge of and ability to control the drugs. Brown v. State, 428 So.2d 250 (Fla. 1983). No direct evidence was introduced to prove that Appellant had access to the locked safe in which the drugs were located or had knowledge of its contents. The circumstantial evidence offered was not inconsistent with Appellant's reasonable hypothesis of innocence. Wagner v. State, 950 So.2d 511 (Fla. 2d DCA 2007); Muwwakil v. State, 435 So.2d 304 (Fla. 3d DCA 1983). As for the paraphernalia charge, the evidence was insufficient to show that either of these ordinary items had been used, or were intended for use, for illicit purposes.

REVERSED.

ORFINGER, MONACO and TORPY, JJ., concur.


Summaries of

Harrington v. State

District Court of Appeal of Florida, Fifth District
Apr 25, 2008
980 So. 2d 563 (Fla. Dist. Ct. App. 2008)
Case details for

Harrington v. State

Case Details

Full title:Katrina HARRINGTON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 25, 2008

Citations

980 So. 2d 563 (Fla. Dist. Ct. App. 2008)