SW v. State

S.W., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 18, 1983.

District Court of Appeal of Florida · decided 1983-05-18

Relies on 406 So. 2d 1162 - Dean v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-05-18

How this case has been cited

Cited by 7 later decisions — most recently May 2000

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jerry Hill, Public Defender, and Deborah A. Adamson, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4S.W. appeals her adjudication of delinquency for possession of alcohol by a minor. A city police officer stopped an automobile because it had no brakelights. Three juveniles occupied the front seat, with S.W. seated on the far right. An unopened six-pack of beer lay under her feet. S.W. contended that the beer was already on the floorboard of the automobile when the driver picked her up.

¶5Significantly, there were no adults in the car who had a legal right to the beer. The fact that the beer was found beneath S.W.'s feet is sufficient evidence of knowledge and the ability to control to support a conviction upon constructive possession. Dean v. State, 406 So.2d 1162 (Fla. 2d DCA 1981).

¶6AFFIRMED.

¶7GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.