S.P. v. State

Full title: S.P., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 2, 1981

399 So. 2d 402 (Fla. Dist. Ct. App. 1981)

Opinion

No. 79-2057.

June 2, 1981.

Appeal from Circuit Court, Dade County; Mario P. Goderich, Judge.

Bennett H. Brummer, Public Defender and Myron M. Gold, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before SCHWARTZ and NESBITT, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.

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.