Possession of A Controlled Substance Conviction Overturned

In Smith v. State, 38 Fla. L. Weekly D2172b (Fla. 2nd DCA 2013), Smith sought review of his judgment and sentence for possession of a controlled substance (oxycodone) and possession of paraphernalia. Smith argued that the trial court erred in denying his motion for judgment of acquittal because the state failed to present sufficient evidence to establish Smith's constructive possession of the controlled substance and paraphernalia.

The facts of the case indicate that an officer conducted a traffic stop of a truck Smith was driving based on an expired tag. Smith fumbled with items behind the visor and appeared nervous. The trial court found that his repeated fumbling and his nervousness provided independent proof of his knowledge and control over the oxycodone and paraphernalia. The only evidence suggestive of Smith's dominion and control over the oxycodone pills was Smith's nervousness upon being stopped. However, the Second District Court of Appeal found that nervousness itself did not provide legally sufficient evidence of dominion or control. Therefore, the Appellate Court found that there was insufficient evidence to sustain Smith's conviction for possession of a controlled substance.

No Comments

Leave a comment
Comment Information
  • Badge 1
  • Badge 2
  • Badge 3
  • Badge 4
  • Badge 5
  • Badge 6
  • Badge 7
  • Badge 8

Contact O'Brien Hatfield, PA for a free case evaluation today

In Tampa, call (813) 345-4909. In Orlando, call (888) 496-5916 . For fast answers, email us using the form below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Footer Brand

Tampa Bay Office
511 West Bay Street Suite 330
Tampa, FL 33606

Toll Free: 888-496-5916
Phone: 813-345-4909
Tampa Law Office Map

Central Florida Office
121 South Orange Avenue Suite 1500
Orlando, FL 32801

Toll Free: 888-496-5916
Phone: 407-686-1696
Orlando Law Office Map

South Florida Office
Northbridge Tower
515 North Flagler Drive
Suite P-300
West Palm Beach, FL 33401

Toll Free: 888-496-5916
Phone: 407-686-1696
South Florida Office Map

South Florida Office
Brickell Bay Office Tower
1001 Brickell Bay Drive
Suite 2700 M-1
Miami, FL 33131

Toll Free: 888-496-5916
Phone: 305-859-0046
Miami Law Office Map