No. 98-3468District Court of Appeal of Florida, First District.
Opinion filed April 27, 1999.
An appeal from the Circuit Court for Jefferson County; F.E. Steinmeyer, Judge.
Page 1017
Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Kristina White, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Reversed. See G.E.G. v. State, 417 So.2d 975, 977 (Fla. 1982) (“[W]e hold that when a defendant is charged with possession of a controlled substance, that substance, if available, must be introduced into evidence” where a defendant objects to its non-introduction.); Harris v. State, 647 So.2d 206, 208 (Fla. 1st DCA 1994) (holding that a defendant’s mere proximity to a small or trace amount of a controlled substance is not sufficient to establish constructive possession by one of several occupants of a car).
MINER, BENTON, and BROWNING, JJ., CONCUR.