Meme v. State
72 So. 3d 254
Fla. Dist. Ct. App.2011Background
- Meme was convicted of possession of cocaine in Florida, appellate challenge after denial of motion for judgment of acquittal.
- Officer observed a vehicle with expired tag; driver Meme made furtive movement and was nervous, odor of marijuana present.
- Cocaine tube found under the seat in area Meme had reached prior to stop; Meme consented to search.
- Meme and cousin/testified; both denied knowledge or possession; defense argued no actual or constructive possession.
- Trial court denied judgment of acquittal and found constructive possession; sentenced to time served.
- Appellate court declined to address ineffective-assistance claim on direct appeal; affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proof of possession standard | Meme | Meme | Sufficient evidence supports possession |
| Proximity alone enough for possession | State | Meme | Totality of circumstances supports possession |
| Two-occupant vehicle and knowledge of presence | State | Meme | Evidence supported knowledge of contraband on premises |
Key Cases Cited
- Toole v. State, 472 So.2d 1174 (Fla.1985) (judgment of acquittal standard; sufficiency test for evidence)
- State v. Law, 559 So.2d 187 (Fla.1989) (three elements of possession; substantial evidence standard)
- Dupree v. State, 705 So.2d 90 (Fla.4th DCA 1998) (constructive possession requires knowledge or incriminating circumstances when joint possession)
- Hill v. State, 736 So.2d 133 (Fla.1st DCA 1999) (mere proximity plus nervousness insufficient for possession)
- Daniels v. State, 777 So.2d 1113 (Fla.4th DCA 2001) (facts similar; leaning over not sufficient where innocent explanation exists)