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Demps v. State

District Court of Appeal of Florida, Fifth District
Aug 24, 2001
795 So. 2d 141 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 5D00-3449

Opinion filed August 24, 2001 Rehearing Denied September 24, 2001

Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


The issue in this case is whether the driver and sole occupant of a vehicle in which cocaine is found in "an ashtray cover in front of the drive shaft" (which places it immediately beside the driver) can be found to be in possession of that cocaine when there is testimony that others have occupied the vehicle earlier in the day.

As we have done before, we again say it is a jury question. In Parker v. State, 641 So.2d 483 (Fla. 5th DCA 1994), we held in a case in which the cocaine was found under the passenger seat of a vehicle in the sole possession of the driver that it was the jury's function to believe or not to believe testimony that others had previously occupied the vehicle and had left the cocaine behind.

AFFIRMED.

COBB and PETERSON, JJ., concur.


Summaries of

Demps v. State

District Court of Appeal of Florida, Fifth District
Aug 24, 2001
795 So. 2d 141 (Fla. Dist. Ct. App. 2001)
Case details for

Demps v. State

Case Details

Full title:TYRONE THOMAS DEMPS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 24, 2001

Citations

795 So. 2d 141 (Fla. Dist. Ct. App. 2001)

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Demps v. State

May 31, 2002. Appeal from the 5th DCA 795 So.2d 141. Florida Decision Without Published Opinion. Rev.…