Opinion
No. 87-2914.
March 8, 1989.
Appeal from the Circuit Court for Broward County; Mark A. Speiser, Judge.
Oliver Addison Parker of Law Offices of Morton Parker, Fort Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.
The defendant was convicted of trafficking in cocaine and carrying a concealed weapon. We reverse the conviction of trafficking and remand for appropriate action because the proof here was legally inadequate to establish constructive possession.
However, we affirm the weapons conviction, the defendant's trial counsel having failed to move for directed verdict as to this count.
LETTS, GLICKSTEIN and POLEN, JJ., concur.