Third District Court of Appeals
2001 S.W. 117 Ave, Miami, FL 33175-1716,
Call (305) 229-3200
11th and 16th Circuits
Here are the Florida Rules of Criminal Procedure. There seems to be no local court ruls for this court.
First, for actual possession, the State must prove that “the thing is so close as to be within ready reach and is under control of the person
Reynolds v. State, 983 So. 2d 1192, 1194 (Fla. Dist. Ct. App. 2008)
Under constructive possession, the State must prove that the defendant knew of the presence of the contraband and was able to exercise dominion and control over it.
Reynolds v. State, 983 So. 2d 1192, 1194 (Fla. Dist. Ct. App. 2008)
Entrapment
There are No Cases discussing the defnese of Valid Prescription in this District. The preceeding case is from the Second District. It can be used to persuade the court, however it is not binding.
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)
