
    Susan Elizabeth ARCHER, Appellant, v. STATE of Florida, Appellee.
    No. 71-809.
    District Court of Appeal of Florida, Fourth District.
    June 29, 1973.
    Louis R. Bowen, Jr., Public Defender, and William C. Gridley and Gerald Woodrow Jones, Asst. Public Defenders, Orlando, for appellant.
    Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Appellant seeks reversal of a final judgment, entered pursuant to jury verdict, finding her guilty of three counts of possession of narcotics and narcotic paraphernalia.

We have carefully examined the record on appeal and have considered the briefs filed by the parties herein. It is our conclusion that appellant has failed to demonstrate reversible error in the proceedings below and the judgment appealed is accordingly affirmed.

REED, C. J., and LESTER, M. IGNATIUS, Associate Judge, concur.

MAGER, J., dissents with opinion.

MAGER, Judge

(dissenting):

I must respectfully dissent for the reason that, while -the evidence was sufficient to support defendant’s conviction for possession of narcotic paraphernalia, in my opinion the evidence was not sufficient to sustain a conviction for possession of narcotics. Arant v. State, Fla.App.1972, 256 So.2d 515; State v. Eckroth, Fla.1970, 238 So.2d 75. As the Supreme Court pointed out in Eckroth, supra, to constitute possession, “ ‘There must, however, be a conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.’ ” The evidence in the case sub judice was not sufficient to negate defendant’s involuntary possession. I would, therefore, reverse that part of the judgment of conviction pertaining to possession of narcotics.  