Skip to Main Content

Florida Drug Prevention and Control Act by Derek Goldstein: Second District Court of Appeals

Research Guide

Second District Court of Appeals

The Second District Court of Appeal is located at:

1005 E. Memorial Blvd. Lakeland, FL 33801

Telephone: (863) 499-2290, FAX (863) 413-2649.

6th, 10th, 12th, 13th and 20th Circuits

Local Court Rules

Here are the Florida Rules of Criminal Procedure. There seems to be no local court ruls for this court.

Actual and Constructive Possesion

The court below held the somewhat different view that G.G. was in constructive possession of the drugs and paraphernalia. Constructive possession is proved by showing that (1) the accused knew of the presence of the contraband, and (2) he could exercise dominion and control over it.

G.G. v. State, 84 So. 3d 1162, 1164 (Fla. Dist. Ct. App. 2012)

Defenses

Valid Prescription

Mark O'Hara was convicted of trafficking in hydrocodone based on his possession of 58 Vicodin tablets containing that substance. See § 893.135(1)(c)(1)(c), Fla. Stat. (2004). At his trial, he presented evidence that physicians had prescribed the medication for pain he suffered from a chronic inflammatory joint disease and from injuries he had sustained in an automobile accident. O'Hara urges us to reverse his conviction, claiming that the evidence established that he possessed the tablets legally.

O'Hara v. State, 964 So. 2d 839, 840 (Fla. Dist. Ct. App. 2007)

   

Entrapment

[W]hether an agent of the government induced the accused to commit the offense charged;” (2) “whether the accused was predisposed to commit the offense charged; that is, whether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense;” and (3) “whether the entrapment evaluation should be submitted to a jury.”

Robichaud v. State, 658 So. 2d 166, 168 (Fla. Dist. Ct. App. 1995)

Subject Guide

Profile Photo
Ulysses Jaen
Contact:
1025 Commons Circle, Naples,
Florida 34119-1376
(239)687-5501 Tel.
Website

Search the Library to locate books, e-books, videos, articles, journals...
Search For

Other Search Options