D.V. v. State; 43 Fla. L. Weekly D988a
Third DCA; May 2, 2018:
Two officers approached a vehicle parked on the side of the road. There were three people in the vehicle. Two were sitting in the front seats, and D.V. was sitting in the back. When the officers looked through an open window, they saw a gun on the back seat, only inches from D.V. They seized the gun, arrested D.V., and charged him with unlawful possession of a firearm. Did the trial court err in convicting D.V.?
- Sitting in a jointly occupied vehicle, in close proximity to a firearm, is insufficient to prove actual or constructive possession of the firearm.
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