09-2429 BILDAD RITHER, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-2429

Case Date: 07/13/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BILDAD RITHER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 13, 2010. An appeal from the Circuit Court for Gadsden County. Kathleen F. Dekker, Judge. Edward T. Bauer of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., Tallahassee, for Appellant. Bill McCollum, Attorney General and Ian M. Cotner, Assistant Attorney General, Tallahassee, for Appellee. CASE NO. 1D09-2429

PER CURIAM. ON MOTION FOR REHEARING AND/OR CLARIFICATION We grant the State's Motion for Rehearing and/or Clarification, withdraw our previous opinion, and substitute the following opinion in its place.

Appellant seeks review of his conviction and sentence for trafficking in cocaine. He alleges that the trial court erred in denying his motion for judgment of acquittal in light of the State's failure to prove that he was in constructive possession of the drugs. In order to prove constructive possession, the State was required to prove that Appellant knew of the presence of the contraband and was able to exercise dominion and control over it. Taylor v. State, 13 So. 3d 77, 80 (Fla. 1st DCA 2009) (citing

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