No. 91-1215.
District Court of Appeal of Florida, First District.
May 20, 1992.
Rehearing Denied June 10, 1992.
*306Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee.
We find that there was insufficient evidence to support the conviction of appellant as to the possession of cocaine and, therefore, the trial judge erred in denying the motion for judgment of acquittal. We reverse the conviction and sentence as to this count and, thus, find it unnecessary to reach appellant’s other issues.
SHIVERS and MINER, JJ., concur.
WOLF, J., dissents with written opinion.
dissenting.
I believe there was sufficient circumstantial evidence to support the finding that appellant had knowledge and control of the contraband and, therefore, I would affirm.
598 So. 2d 305
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