State v. Odom
2011 Fla. App. LEXIS 592
| Fla. Dist. Ct. App. | 2011Background
- State appeals an order granting post-verdict judgment of acquittal on trafficking in methamphetamine.
- Odom was charged with manufacturing methamphetamine, possession of drug paraphernalia, and trafficking; co-defendants were charged with manufacturing and trafficking but pleaded and testified for the State.
- Surveillance on 9/12/2008 at Odom’s residence; co-defendants enter; Odom arrives, helps move boards, and returns to trailer.
- Around midnight, odor of acetone detected; deputies discover three children and remove occupants for decontamination; a search finds an active meth lab, 54.1 g pseudoephedrine, and other meth-related materials.
- In the pickup, a bottle with 434.7 g of methamphetamine liquid; iodine crystals found in newspaper between boards; truck registered to Odom’s stepmother.
- Trial evidence includes co-defendants testifying Odom actively engaged in manufacturing; jury convicts on lesser offenses including trafficking with a 28–200 gram quantity; trial court later grants acquittal on trafficking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of trafficking evidence. | Odom insufficiently proved for trafficking. | State’s evidence supports trafficking through narcotic possession/production elements. | Sufficient evidence supports trafficking verdict |
| Constructive possession and knowledge standard. | Evidence showed knowledge and control via shared premises and manufacturing involvement. | Cannot infer knowledge without exclusive possession; insufficient proof. | Knowledge and control established; constructive possession adequate |
| Joint possession framework. | Multiple defendants may jointly possess contraband; no need for each to have exclusive possession. | Only exclusive possession or clear proof of each defendant’s control suffices. | Joint constructive possession valid under the facts |
Key Cases Cited
- Bufford v. State, 844 So.2d 812 (Fla. 5th DCA 2003) (standard for reviewing motions for judgment of acquittal; sufficiency de novo)
- Harris v. State, 954 So.2d 1260 (Fla. 5th DCA 2007) (constructive possession framework and knowledge element)
- J.A.C. v. State, 816 So.2d 1228 (Fla. 5th DCA 2002) (knowledge of presence and independent proof required for non-exclusive possession)
- Ball v. State, 758 So.2d 1239 (Fla. 5th DCA 2000) (knowledge and circumstantial evidence may support possession)
- Brown v. State, 428 So.2d 250 (Fla. 1983) (plain-view knowledge and dominion-and-control of common areas support constructive possession)