634 So. 2d 253 | Fla. Dist. Ct. App. | 1994
Kenneth Bernard Dickerson was charged with possession of cocaine.
At the hearing on Mr. Dickerson’s motion,
Mr. Dickerson argued that the question presented was whether he had constructive possession of the cocaine. The state argued that he had actual possession. The trial court held:
I think it is clearly a case of constructive possession and I think it’s, um, as a matter of law that the motion is well taken. So I’m going to grant the Motion to Dismiss.
We conclude the stipulated facts were sufficient to raise as a question for the fact finder whether Mr. Dickerson had actual or constructive possession of the cocaine. Therefore, we hold the trial court erred in dismissing the charge. Accordingly, we reverse and remand for further proceedings.
Reversed; remanded.
. § 893.13(1)©, Fla.Stat. (1991).
. The motion was styled a motion to suppress. However, it was treated by the parties and the court as a motion to dismiss based on stipulated facts. Thus, any technical deficiencies were waived. Goodmakers v. State, 450 So.2d 888 (Fla. 2d DCA 1984).