RAMON MADRUGA AND ISRAEL GUZMAN, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellants were convicted of trafficking in cannabis and armed kidnapping after pleading nolo contendere. On appeal, they challenged whether the state sufficiently proved the marijuana exceeded 100 pounds to trigger a mandatory minimum sentence, despite the contraband being destroyed by federal authorities before trial. The court affirmed, holding that expert and lay witness testimony regarding the weight was sufficient evidence even without the physical contraband.
The state presented sufficient evidence to support a finding of trafficking in excess of 100 pounds. Expert DEA officer testimony and lay witness testimony regarding the approximate weight of the marijuana, corroborated by photographs, was adequate to establish the requisite weight despite destruction of the physical contraband. The defendants failed to show reasonable doubt that the destroyed evidence would have disclosed a weight less than 100 pounds.
[1] Evidence from an experienced drug enforcement officer, including testimony about the quantity of contraband and photographic evidence, can be sufficient to establish the…
[2] The destruction of contraband before trial does not automatically prejudice a defendant if the defendant cannot show a reasonable doubt that the omitted evidence would ha…
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Join FLexlaw to unlock all legal intelligence“Only if the defendants can show a reasonable doubt that the omitted evidence would disclose that the contraband was of a weight less then 100 pounds would its destruction and unavailability be prejudicial.”
Establishes the standard for prejudice when evidence is destroyed—defendants must show reasonable doubt the destroyed evidence would have changed the outcome.
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Join FLexlaw to unlock all legal intelligenceDefendants Madruga and Guzman pleaded nolo contendere to conspiracy to sell or deliver cannabis, conspiracy to traffic in cannabis, trafficking in can…
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BARKDULL, Judge.
The defendants pled nolo contendré and were convicted of conspiracy to sell or deliver cannabis, conspiracy to traffic in cannabis, trafficking in cannabis, and armed kidnapping for ransom. They have preserved as the only issue on this appeal, whether or not the state sufficiently established the weight of the contraband to be in excess of 100 pounds and thereby require a mandatory minimum sentence of 3 years under the trafficking statute, Section 893.135(1)(a)1 Florida Statutes (1981) which would follow as a result of the conviction on the trafficking count. State v. Bateman, 423 So. 2d 577 (Fla. 2d DCA 1982); State v. Taylor, 411 So. 2d 993 (Fla. 4th DCA 1982).
We affirm. The state presented evidence from an experienced drug enforcement officer that he delivered to these and other defendants, marijuana in excess of 100 pounds, to wit: 75 bales of a minimum weight of 41 to 55 pounds a bale. In addition to the testimony, two pictures of the contraband were introduced into evidence. Unfortunately, through no fault of the state, the contraband was destroyed by federal authorities before it could be tested by the defendants and obviously before trial. Notwithstanding the destruction of the contraband the evidence was sufficient to support a finding of trafficking in contraband in excess of 100 pounds contrary to Section 893.135(l)(a)l of the Florida Statutes (1981).
Only if the defendants can show a reasonable doubt that the omitted evidence would disclose that the contraband was of a weight less then 100 pounds would its destruction and unavailability be prejudicial. Salvatore v. State, 366 So. 2d 745 (Fla.1979); State v. Sobel, 363 So. 2d 324 (Fla.1978); State v. Snell, 391 So. 2d 299 (Fla. 5th DCA 1980); Adams v. State, 367 So. 2d 635 (Fla. 2d DCA 1979); Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978); United States v. Agars, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976).
The appellants in their brief have admitted that what was transported to them was marijuana and only contest the ability of the witnesses to testify as to the amount that it weighed contending that only the production of the actual marijuana in court could have established a weight in excess of 100 pounds. We disagree. The experienced DEA officer as well as a lay witness could have testified to the approximate weight of a given matter. Capo v. State, 406 So. 2d 1242 (Fla. 1st DCA 1982); Pet. for Rev. denied 413 So. 2d 875 (Fla.1982); State v. Raulerson, 403 So. 2d 1102 (Fla. 5th DCA 1981).
Therefore for the reasons above stated, the convictions, adjudications and sentences here under review are affirmed.
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Brooks v. State, 762 So. 2d 879 (Fla. 2000)…m testifying about approximate weight of bag containing cocaine that was dumped by defendant in pond, stating “[a]n experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter”); Madruga v. State, 434 So. 2d 331, 332 (Fla. 3d DCA 1983) (finding that experienced drug enforcement officer could properly testify to the approximate weight of the marijuana at issue). 4. SUFFICIENCY OF THE EVIDENCE In this claim, Brooks argues that the evidence presented at tria…
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Santo Hernandez v. State, 56 So. 3d 752 (Fla. 2010)…ing Brown v. State, 959 So. 2d 146, 150 (Fla.2007)). The Third District concluded: “For his part, Hernandez has not shown a reasonable doubt that the transactions described by the witnesses were for less than 28 grams.” Id. (citing Madruga v. State, 434 So. 2d 331 (Fla. 3d DCA 1983)). Accordingly, the district court affirmed Hernandez’s convictions for first-degree felony murder. Id. We granted review on September 11, 2009, based on conflict with Williams, 592 So. 2d at 737, dispensing with oral argument purs…
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State v. Gilbert, 507 So. 2d 637 (Fla. 5th DCA 1987)…of a bag containing cocaine which he had seen the defendant remove from his back, tear open and throw into a pond. An experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter. Madruga v. State, 434 So. 2d 331 (Fla. 3d DCA 1983); Capo v. State, 406 So. 2d 1242 (Fla. 1st DCA), pet. for rev. denied, 413 So. 2d 875 (Fla.1982). The proffered testimony would be sufficient to show the corpus delicti of trafficking in 400 grams or more of cocaine, so as to make…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- United States v. Agurs, 427 U.S. 97 (U.S. 1976)
- Salvatore v. State, 366 So. 2d 745 (Fla. 1978)
- State v. Sobel, 363 So. 2d 324 (Fla. 1978)
- State v. Raulerson, 403 So. 2d 1102 (Fla. 5th DCA 1981)
- State v. Taylor, 411 So. 2d 993 (Fla. 4th DCA 1982)
- Adams v. State, 367 So. 2d 635 (Fla. 2d DCA 1979)
- State v. Bateman, 423 So. 2d 577 (Fla. 2d DCA 1982)
- State v. Snell, 391 So. 2d 299 (Fla. 5th DCA 1980)
- Pace v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978)
- Budman v. State, 362 So. 2d 1022 (Fla. 3d DCA 1978)