A jury on Tuesday found a former Pinellas County sheriff's deputy not guilty of grand theft of a controlled substance.

Steven Smith was accused of stealing a bottle of hydrocodone while he was working "Operation Medicine Cabinet."

Smith, accused of stealing a 100-count bottle, told the jury he'd never seen the bottle of hydrocodone in person.

"This is the first time I've seen it and actually I've touched it," Smith said. "I've seen a picture before that and that was it."

The photo he referred to was taken by his ex-girlfriend, Jessica Jimenez, who says she found that bottle and a bag of pills in Smith's dresser.

But detectives were never able to find the pills, only an empty bottle in Smith's cruiser.

The former deputy said he is being framed by an ex-lover because he cheated on her.

Asked whether he felt set up, Smith said, "Absolutely, without a doubt."

Prosecutor Rick Nolan grilled the defendant about a surveillance video that shows Smith working the front desk when some women drop off numerous medications last October.

Nolan said the video shows Smith putting the bottle down on the right - just off camera - into a fast food bag and then walking to his cruiser to drop it off.

Smith said he was just trying to keep his food warm in the cruiser.

"I pretty much just put the hamburger in the car for now, for now, 'cause it's a hot car. It'll keep it warm," Smith said.

Asked how the pill bottle got in his car, Smith said, "Again, well, I have no idea."

Both the prosecutor and Defense Attorney John Trevena tried to sway the jury during their closing arguments.

"This bottle is found in his car," Nolan said. "How did it get there? He has no idea but he'd love to tell you about how this is a big conspiracy."

Trevena countered: "Is this the kind of quality of evidence that you as jurors want to see in our community? Who's ever heard of trying to convict someone of anything based solely on a photograph that was supplied by an ex-lover?"

Judge Chris Helinger confirmed this is the first drug case of its kind and could set precedent with that photographic evidence.

For that reason, the judge almost tossed out the case during a judgment of acquittal but ultimately decided it's a very strong circumstantial evidence case for the state.

Smith faced up to five years in prison if he had been convicted.

The Pinellas County Sheriff's Office fired Smith last October.

The former deputy is also facing a trial in Pasco County for allegedly pawning his duty gun.