Davis v. State

Outcome: Dennis Davis convictions for Trafficking in Cocaine, and Carrying a Concealed Firearm overturned.

Description: At trial, Mr. Davis was convicted for Trafficking in Cocaine, and Carrying a Concealed Firearm. The evidence at trial was that after he was tackled by members of St. Petersburg Police Department, a ball of cocaine was found approximately 4 feet from where Mr. Davis fell. Along the route that he ran, a firearm was recovered. Officers chased Mr. Davis because his actions were believed to be a pattern indicative of drug-dealing. Mr. Davis never admitted to concealing the weapon, nor did he admit to selling drugs. I represented Mr. Davis on appeal. The 2nd DCA held that the trial court should have granted the defense motion for judgement of acquital. The Appellate Court ruled that since there was no evidence to establish that Mr. Davis possessed the Cocaine found near him, nor any evidence that he was seen "holding" the gun, there was insufficient evidence to support his convictions. His sentence was vacated and he was released from prison.