Fourth District Court of Appeal
1525 Palm Beach Lakes Blvd., West Palm Beach, FL 33401,
Call (561) 242-2000
(15th, 17th and 19th Circuits)
Here are the Florida Rules of Criminal Procedure. There seems to be no local court ruls for this court.
The standard jury instructions set out the three elements that must be proven to establish possession of cocaine under section 893.13(6)(a), which are: 1) that the defendant possessed a substance; 2) that the substance was cocaine; and 3) that the defendant had knowledge of the presence of the substance. Fla. Std. Jury Instr. (Crim.) 25.7. Possession may be actual or constructive. “Possession is actual when the contraband is (1) in the defendant's hand or on his person, (2) in a container in the defendant's hand or on his person, or (3) within the defendant's” ‘ready reach’ “and the contraband is under his control.”
Meme v. State, 72 So. 3d 254, 256 (Fla. Dist. Ct. App. 2011)
Valid Prescription
In two separate criminal prosecutions, the Seventeenth Judicial Circuit Court, Broward County, Michele Towbin Singer, J., withheld adjudication on charges of withholding information from a medical practitioner and sentenced the defendants to three years of probation arising out of each defendant's actions in obtaining two prescriptions for oxycodone from two different physicians within a few days. Defendants appealed, the State cross-appealed the dismissal of counts of trafficking in oxycodone, and the appeals were combined for review.
Knipp v. State, 67 So. 3d 376 (Fla. Dist. Ct. App. 2011)
Impossibility
