Fifth District Court of Appeal
300 S. Beach St., Daytona Beach, FL 32114,
Call (386)947-1500
(5th, 7th, 9th and 18th Circuits)
Here are the Florida Rules of Criminal Procedure. There seems to be no local court ruls for this court.
The State's alternative argument that it produced sufficient evidence to establish actual possession also fails. Actual possession means that (a) the item is in the hand of or on the person; or (b) the item is in a container in the hand of or on the person; or (c) the item is so close that it is within “ready reach” of the person and the item is under the control of the person.
Harris v. State, 954 So. 2d 1260, 1262 (Fla. Dist. Ct. App. 2007)
Valid Prescription
The State filed an information charging Latona with one count of possession of oxycodone and two counts of possession of morphine. The arrest affidavit explained that the charges were based on the fact that three prescription pill bottles, with H.H.'s full name on them, were found in Latona's purse by the police after a traffic stop involving Latona. Two of the prescription pill bottles contained morphine and the other, oxycodone. When questioned by police, Latona stated that she was H.H.'s home health care nurse, that she lived at H.H.'s residence, and that she held H.H.'s pills in her purse because she was afraid that he may take too many of them and possibly overdose.
State v. Latona, 75 So. 3d 394, 395 (Fla. Dist. Ct. App. 2011)
