LANE v. STATE, 543 So.2d 453 (Fla.App. 4 Dist. 1989)

GEARY LANE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 88-2417.District Court of Appeal of Florida, Fourth District.
May 24, 1989.

Appeal from the Circuit Court for Indian River County; Paul B. Kanarek, Judge.

Richard L. Jorandby, Public Defender, Jeffrey L. Anderson, Assistant Public Defender, and Julio Padilla, Certified Legal Intern, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael J. Hellman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The appellant was convicted by a jury for possession of cocaine. In our view, the state failed to present sufficient, independent proof to establish that the defendant was in constructive possession of the cocaine. See Hively v. State, 336 So.2d 127 (Fla. 4th DCA 1976). Therefore, the trial court erred in denying the appellant’s motion for a judgment of acquittal.

Accordingly, we reverse the appellant’s conviction and sentence and remand with instructions to discharge the appellant.

REVERSED AND REMANDED WITH INSTRUCTIONS.

GLICKSTEIN, GUNTHER, JJ., and ROBINSON, STEVEN D., Associate Judge, concur.