CARMEN GLORIA ZARATE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Carmen Gloria Zarate appeals her conviction and fifteen-year mandatory minimum sentence for drug trafficking. The Third District Court of Appeal affirmed, rejecting her challenges to the admission of evidence, the constitutionality of her sentence, and the trial court's denial of her motions for severance and suppression.
The court held that (1) the evidence was admissible as proper similar crimes evidence under Florida law to prove criminal intent and knowledge; (2) the mandatory fifteen-year sentence does not violate the Eighth Amendment even as applied to a first-time offender, given the serious nature of drug trafficking; and (3) no error was committed in denying the motions for severance and suppression.
[1] Evidence of a defendant's prior involvement in drug trafficking is admissible as similar crimes evidence to prove criminal intent and knowledge in the current drug traffi…
[2] A fifteen-year mandatory minimum sentence for drug trafficking, even for a first-time offender claiming general involvement in the drug trade, does not violate the Eighth…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the defendant's statements made during the commission of the charged crimes were relevant to prove the defendant's criminal intent and knowledge in this case”
Establishes the rationale for admitting evidence of the defendant's drug trafficking statements as similar crimes evidence.
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Join FLexlaw to unlock all legal intelligenceZarate was convicted in connection with cocaine trafficking negotiations with undercover police. During these negotiations, she made statements indica…
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PER CURIAM.
The defendant Carmen Gloria Zarate appeals her judgment of conviction and fifteen-year sentence with no eligibility for parole. She claims that four errors were committed below which call for a reversal in this case. We do not agree and affirm.
First, the defendant claims reversible error was committed in the admission of evidence tending to show, through the defendant’s own statements made to undercover police during the subject cocaine negotiations in this case, that the defendant was involved in drug trafficking generally. We conclude that the evidence was admissible as proper similar crimes evidence under Section 90.404(2)(a), Florida Statutes (1983); the defendant’s statements made during the commission of the charged crimes were relevant to prove the defendant’s criminal intent and knowledge in this case. See United States v. Edwards, 696 F. 2d 1277, 1279-81 (11th Cir.), cert. denied, — U.S. —, 103 S.Ct. 1884, 76 L.Ed.2d 813 (1983); United States v. Moreno-Nunez, 595 F. 2d 1186, 1188 (9th Cir.1979); United States v. Catano, 553 F. 2d 497, 499-500 (5th Cir.), cert. denied, 434 U.S. 865, 98 S.Ct. 199, 54 L.Ed.2d 140 (1977).
Second, the defendant claims error in the imposition of sentence charging that the fifteen-year, minimum mandatory sen tence was excessively severe and constituted cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. She concedes that Section 893.135(2), Florida Statutes (1983), under which she was sentenced, is constitutionally valid on its face, State v. Kaufman, 430 So. 2d 904 (Fla.1983); State v. Thebeau, 405 So. 2d 973 (Fla.1981), cert, dismissed, 456 U.S. 920, 102 S.Ct. 1963, 72 L.Ed.2d 436 (1982); State v. Newman, 405 So. 2d 971 (Fla.1981); State v. Leicht, 402 So. 2d 1153 (Fla.1981), cert, denied, 455 U.S. 989, 102 S.Ct. 1611, 71 L.Ed.2d 848 (1982); State v. Werner, 402 So. 2d 386 (Fla.1981); State v. Yu, 400 So. 2d 762 (Fla.1981), cert, dismissed, 454 U.S. 1134, 102 S.Ct. 988, 71 L.Ed.2d 286 (1982); State v. Benitez, 395 So. 2d 514 (Fla.1981), but contends that the statute was unconstitutionally applied to her as she did not deserve such a severe sentence. Without engaging in a prolonged discussion of this issue, we are convinced that the sentence imposed does not exceed what admittedly are very broad Eighth Amendment limitations on the severity of the non-capital sentences. It is not, in our view, arbitrary, irrational or excessively vindictive for society to require a drug trafficker with no prior criminal record, as here, but who claims to be heavily involved in drug trafficking generally, to serve fifteen years in prison with no parole for her crime. Drug trafficking, after all, is a serious crime which has serious societal consequences. We therefore discern no violation of the defendant’s Eighth Amendment rights against cruel and unusual punishment in these circumstances. See Carmona v. Ward, 576 F. 2d 405 (2d Cir.1978), cert, denied, 439 U.S. 1091, 99 S.Ct. 874, 59 L.Ed.2d 58 (1979); McArthur v. State, 351 So. 2d 972, 975-76 (Fla.1977); Banks v. State, 342 So. 2d 469, 470 (Fla.1977); O’Donnell v. State, '326 So. 2d 4, 5-6 (Fla.1975).
Finally, the defendant claims error in the denial of her motion for severance and her motion to suppress. We have carefully examined these contentions and find no error was committed in either of these rulings. See McCray v. State, 416 So. 2d 804, 806 (Fla.1982); State v. Steffani, 398 So. 2d 475 (Fla. 3d DCA 1981), affd, 419 So. 2d 323 (Fla.1982).
The final judgment of conviction and sentence appealed from is in all respects
, Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Simmie Lee Kendry v. State, 517 So. 2d 78 (Fla. 1st DCA 1987)…o. 2d 330 (Fla.1979); O’Donnell v. State, 326 So. 2d 4 (Fla.1975); McArthur v. State, 351 So. 2d 972 (Fla.1977); State v. Benitez, 395 So. 2d 514 (Fla.1981); and (post-Solem), Morgan v. Brescher, 466 So. 2d 1218 (Fla. 4th DCA 1985); Zarate v. State, 466 So. 2d 1176 (Fla. 3rd DCA 1985). Further, the Florida Supreme Court has consistently upheld the penalty imposed herein against a constitutional challenge. Banks v. State, 342 So. 2d 469 (Fla.1976); Buford v. State, 403 So. 2d 943 (Fla.1981); Rusaw v. State, 45…
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Shackleford v. State, 567 So. 2d 30 (Fla. 1st DCA 1990)…nstrates that less than one hour prior to his arrest, the defendant had sufficient faculties to complete two sales of cocaine by cutting, sorting, and transferring the cocaine, as well as accepting the money for the transaction. See Zarate v. State, 466 So. 2d 1176 (Fla. 3rd DCA 1985). Additionally, the cocaine that was seized was packaged in a manner which would also evidence the defendant’s intent to sell. K.M. v. State, 545 So. 2d 464 (Fla. 3rd DCA 1989); United States v. Robinson, 870 F. 2d 612 (11th Cir.1…
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Ellis v. State, 475 So. 2d 1021 (Fla. 2d DCA 1985)…to as collateral crimes. We disagree. The questioning involved whether defendant was acting as a lookout or as protection for other people who were engaged in narcotics trafficking. The statements referred to the crime charged. See Zarate v. State, 466 So. 2d 1176 (Fla. 3d DCA 1985); Yesbick v. State, 408 So. 2d 1083 (Fla. 4th DCA 1982). We find no merit to defendant’s remaining contention. On cross-appeal the state contends that the trial court erred in sentencing defendant as a youthful offender thereby a…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (28 total)
- Nadean O. McARTHUR v. State, 351 So. 2d 972 (Fla. 1977)
- State v. Benitez, 395 So. 2d 514 (Fla. 1981)
- Leicht v. Florida, 455 U.S. 989 (U.S. 1982)
- Ervin McCRAY v. State, 416 So. 2d 804 (Fla. 1982)
- Spieler v. United States, 455 U.S. 989 (U.S. 1982)
- State v. YU, 400 So. 2d 762 (Fla. 1981)
- United States v. Edwards, 696 F.2d 1277 (11th Cir. 1983)
- State v. Werner, 402 So. 2d 386 (Fla. 1981)
- Howard Banks v. State, 342 So. 2d 469 (Fla. 1976)
- Carmona v. Ward, 576 F.2d 405 (2d Cir. 1978)