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Archer v. State

District Court of Appeal of Florida, Fourth District
Jun 29, 1973
279 So. 2d 340 (Fla. Dist. Ct. App. 1973)

Opinion

No. 71-809.

June 29, 1973.

Appeal from the Criminal Court of Record for Orange County, W. Rogers Turner, J.

Louis R. Bowen, Jr., Public Defender, and William C. Gridley and Gerald Woodrow Jones, Asst. Public Defenders, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant seeks reversal of a final judgment, entered pursuant to jury verdict, finding her guilty of three counts of possession of narcotics and narcotic paraphernalia.

We have carefully examined the record on appeal and have considered the briefs filed by the parties herein. It is our conclusion that appellant has failed to demonstrate reversible error in the proceedings below and the judgment appealed is accordingly affirmed.

REED, C.J., and LESTER, M. IGNATIUS, Associate Judge, concur.

MAGER, J., dissents with opinion.


I must respectfully dissent for the reason that, while the evidence was sufficient to support defendant's conviction for possession of narcotic paraphernalia, in my opinion the evidence was not sufficient to sustain a conviction for possession of narcotics. Arant v. State, Fla.App. 1972, 256 So.2d 515; State v. Eckroth, Fla. 1970, 238 So.2d 75. As the Supreme Court pointed out in Eckroth, supra, to constitute possession, "`There must, however, be a conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.'" The evidence in the case sub judice was not sufficient to negate defendant's involuntary possession. I would, therefore, reverse that part of the judgment of conviction pertaining to possession of narcotics.


Summaries of

Archer v. State

District Court of Appeal of Florida, Fourth District
Jun 29, 1973
279 So. 2d 340 (Fla. Dist. Ct. App. 1973)
Case details for

Archer v. State

Case Details

Full title:SUSAN ELIZABETH ARCHER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 29, 1973

Citations

279 So. 2d 340 (Fla. Dist. Ct. App. 1973)