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795 So. 2d 141

Demps v. State

District Court of Appeal of Florida

Decided August 24, 2001

District Court of Appeal of Florida · decided 2001-08-24

Cited by 1 later decisions — most recently September 2003

1 state decisions

Key passage — most relied on by later courts

“there is testimony that others have occupied the vehicle earlier in the day”

quoted by 1 later decision, including 854 So. 2d 758 - Garcia v. State

Relies on 641 So. 2d 483 - Parker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-08-24

View the full empirical analysis of this case →

HARRIS, J.

¶1The 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.

¶2*142As 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 ease 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.

¶3AFFIRMED.

COBB and PETERSON, JJ., concur.
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