Bussell v. State
2011 Fla. App. LEXIS 12252
| Fla. Dist. Ct. App. | 2011Background
- Appellant Bussell was charged with 33 counts of possessing child pornography and convicted on six counts.
- Bussell, an offshore boat captain, testified he downloaded adult material and recorded it on discs during home periods.
- Investigator linked Bussell’s Bay County address to IPs used to download child pornography on multiple dates in 2007.
- Search warrant seized Bussell’s computer, which was actively downloading suspected child pornography at the time of service.
- Wife and son testified; son denied downloading; wife admitted assisting download of adult material but not child pornography.
- Trial court denied Bussell’s motions for judgment of acquittal; the jury found guilt on six counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports possession (constructive) of child pornography | Bussell contends no possession; ownership/possession cannot be inferred. | State argues circumstantial evidence established constructive possession. | Yes; circumstantial evidence supports constructive possession. |
| Whether joint occupancy precludes knowledge and dominion | Bussell argues joint home ownership negates knowledge/dominion. | State asserts evidence allows inference of knowledge or control. | Constructive possession shown despite joint occupancy. |
| Whether circumstantial evidence alone can sustain conviction | Bussell asserts evidence is entirely circumstantial and requires rebuttal of every hypothesis. | State contends it need only present competent evidence inconsistent with defense. | Circumstantial evidence sufficient when competent and supports possession. |
Key Cases Cited
- Evans v. State, 32 So.3d 188 (Fla. 1st DCA 2010) (constructive possession in shared premises; presence suffices with dominion)
- I.R. v. State, 385 So.2d 686 (Fla. 3d DCA 1980) (credibility and jury weighing of conflicting testimony)
- Robinson v. State, 936 So.2d 1164 (Fla. 1st DCA 2006) (State need prove evidence sufficient to support every element beyond reasonable doubt)
- Law v. State, 559 So.2d 187 (Fla. 1989) (state need not rebut every variation; must rebut defense theory with competent evidence)
- Dupree v. State, 705 So.2d 90 (Fla. 4th DCA 1998) (judgment of acquittal standard; light most favorable to State)
- Terry v. State, 668 So.2d 954 (Fla. 1996) (presumption of correctness; substantial competent evidence required)
- Beasley v. State, 774 So.2d 649 (Fla. 2000) (competent, substantial evidence required to sustain offense)
- Gay v. State, 607 So.2d 454 (Fla. 1st DCA 1992) (conviction upheld where evidence supports element of possession)