Dwight Deon Oliver v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 9, 2026
Docket5D2025-0442
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2025-0442
LT Case No. 2023-CF-003095-C
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DWIGHT DEON OLIVER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Seminole County.
Jessica Recksiedler, Judge.
Matthew R. McLain, of McLain Law, Longwood, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Rebecca
Rock McGuigan, Bureau Chief, Daytona Beach, for Appellee.
October 9, 2026
PER CURIAM.
Dwight Deon Oliver appeals his convictions for drug
trafficking and possession, contending that the State failed to
establish that he constructively possessed contraband in a locked
safe that a family friend attempted to remove from a house in
Oliver’s neighborhood. Because the State failed to present
sufficient independent evidence that Oliver constructively
possessed the contraband inside the safe, we reverse.
I.
Oliver was subject to an arrest warrant. Officers located him
in a truck backing out of the driveway of a house on Molten Avenue
in Sanford, Florida. He was arrested and placed in a police vehicle.
While awaiting a search warrant for the house, officers observed
Jessica Green in the backyard of the house. She was carrying a bag
and a locked safe; the safe had a keyhole and a keypad for entering
a security code. Officers stopped Green and secured the locked
safe. Green knew Oliver and has a child with Oliver’s brother.
When Oliver was taken into custody, an officer observed a
lanyard around his neck bearing several keys. One was later
determined to be for the Molten Avenue house and the other for
the safe. Officers used the key taken from Oliver’s lanyard to open
the safe, revealing the contraband at issue. Oliver was charged
with two counts of trafficking the contraband found in the safe (one
for fentanyl and one for phenethylamines) and two counts of
possession of other contraband found in the safe (one for cocaine
and the other for a controlled substance).
At trial, Oliver moved for a judgment of acquittal, arguing
that the State failed to provide sufficient independent evidence
that he knew of and had dominion and control over the contraband
in the safe. He argued that he did not have actual possession of the
safe (Green did), that no evidence established that he knew of the
contraband in the safe, and that, at best, he potentially had access
because he had a key that was used to open the safe. The State
responded that Oliver’s possession of a key to the house and safe,
plus his family connection to Green, were collectively sufficient to
submit the case on a constructive possession theory. The trial
judge denied the motion, stating that Oliver “not only had the key
to the residence, but he also had the key to the safe. And the safe
is where the drugs were specifically found.” Oliver’s renewed
motion for relief was also denied.
II.
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The dispositive issue is whether Oliver’s possession of the two
keys and his family connection to Green are sufficient to establish
constructive possession.
Constructive possession is established when a defendant,
though lacking “actual, physical possession of the controlled
substance,” knows of “its presence on or about the premises, and
has the ability to exercise and maintain control over the
contraband.” Harris v. State, 954 So. 2d 1260, 1262 (Fla. 5th DCA
2007). To establish constructive possession, the State bears the
burden of proving that the accused “(1) had dominion and control
over the contraband, (2) knew the contraband was in [his/]her
presence and (3) knew of the illicit nature of the contraband.” State
v. Reese, 774 So. 2d 948, 949 (Fla. 5th DCA 2001).
Mere proximity to the contraband, by itself, is insufficient to
establish control. Harris, 954 So. 2d at 1262. Moreover, where the
premises on which the contraband is discovered is not in the
accused’s exclusive possession, neither knowledge of the
contraband’s presence on the premises nor the ability to control it
may be inferred absent independent proof. Sierra v. State, 746 So.
2d 1250, 1252 (Fla. 5th DCA 1999). Independent proof may take
the form of the accused’s actual knowledge of the contraband’s
presence, incriminating statements, or “circumstances other than
the mere location of the substance[] from which a jury might
lawfully infer knowledge.” Cordero v. State, 589 So. 2d 407, 409
(Fla. 5th DCA 1991) (quoting Murphy v. State, 511 So. 2d 397, 399
(Fla. 4th DCA 1987)); see also Santiago v. State, 991 So. 2d 439,
442 (Fla. 2d DCA 2008) (“Generally, independent proof can be
established by the admission into evidence of a pretrial statement
made by an accused, by witness testimony, or by scientific
evidence.”).
Oliver’s possession of a key to the Molten Avenue house does
not establish constructive possession of the safe that had been
inside the house. The house belonged to a third party. The State
presented no evidence that Oliver owned, resided in, or otherwise
exercised control over the house. Because the house was not in
Oliver’s exclusive possession, the State could not rely on the safe’s
location within the residence to infer Oliver’s knowledge of, or
control over, the contraband inside the safe. See Stevens v. State,
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120 So. 3d 1258, 1259 (Fla. 3d DCA 2013) (stating a defendant’s
possession of a key providing access to the premises where
contraband was located was insufficient, without more, to
establish constructive possession, since a “next-door neighbor, a
housekeeper, or a landlord” might likewise hold a key to the
premises without committing any crime). Independent proof is
required.
The same is true of the safe key. Having failed to establish
that Oliver had exclusive possession of the house, the State
likewise could not rest on his possession of the safe key to show
that he knew of or controlled what the safe contained. Again,
independent proof was required. No evidence, including
fingerprints, DNA, or otherwise, was provided to show that Oliver
handled, possessed, or controlled the safe or the contents inside. A
key affording access, without more, establishes only opportunity,
not possession. See id. (“[T]he fact that one has ‘access’ to
contraband or, as in this case, merely to the place where the
contraband is located, is simply not a crime, or even an element of
a crime, under the law of Florida.”).
Neither does Green’s possession of the safe fill this evidentiary
deficiency. Officers observed Green, not Oliver, carrying the safe
from the house, and she did so only after Oliver had already been
secured in custody. Green testified that the safe belonged to her,
that she had placed it in the residence the night before, and that
she could access it without a key by using a PIN code. The State
presented no evidence that Green was acting at Oliver’s direction
or that Oliver was aware that she was removing the safe from the
premises. Green’s actual possession of the safe establishes her
knowledge and control over the safe’s contents, not Oliver’s.
III.
Accordingly, because the State failed to present sufficient
independent evidence from which a rational jury could find
constructive possession beyond a reasonable doubt, the trial court
erred in denying Oliver’s motion for judgment of acquittal. See id.
(“‘[C]onstructive’ possession, as the state claims in this case,
requires, among other things, evidence that one knows of the
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presence and has dominion and control over the contraband. There
was no evidence of any of this at the trial.”).
REVERSED and REMANDED with instructions to discharge.
JAY, C.J, and MAKAR and LAMBERT, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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