Hart v. State

Full title: ROBERT JOHN HART AND CHARLES RAY HEWITT, APPELLANTS, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 17, 1982

421 So. 2d 2 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1231.

August 18, 1982. Rehearings Denied November 17, 1982.

Appeal from Circuit Court, Broward County; Barry J. Stone, Judge.

Alan Jay Braverman of Law Offices of Alan Jay Braverman, P.A., Fort Lauderdale, for appellant Hart.

Jeffrey Mark Harris, Fort Lauderdale, for appellant Hewitt.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed. We believe the trial court acted correctly in denying the motion to suppress; State v. Richards, 388 So.2d 573 (Fla. 4th DCA 1980), cert. denied 397 So.2d 778 (Fla. 1981), 102 S.Ct. 359; in submitting the issue of constructive possession to the jury; Winchell v. State, 362 So.2d 992 (Fla. 3d DCA 1978); in denying the motions to dismiss and suppress; Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952); in instructing the jury on constructive possession; Lacy v. State, 387 So.2d 561 (Fla. 4th DCA 1980); and in upholding the constitutionality of the drug trafficking statute; State v. Benitez, 395 So.2d 514 (Fla. 1981).

DOWNEY, ANSTEAD and BERANEK, JJ., concur.