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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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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five 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 a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.