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Constructive Possession of Drugs

Posted by John P. Rutkowski | Dec 11, 2019 | 0 Comments

Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernalia. Appellant argues that the trial court erred by denying his motion for judgment of acquittal because the State failed to prove that he was in constructive possession of the contraband. We agree and reverse.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.

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