IN THE INTEREST OF: C.C.S. v. STATE, 729 So.2d 1016 (Fla.App. 1 Dist. 1999)

IN THE INTEREST OF: C.C.S., Appellant, v. STATE OF FLORIDA, Appellee.

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.

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