JOSEPH LINDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joseph Linder appealed his conviction for attempted trafficking in cannabis in excess of 100 pounds and conspiracy to traffic in cannabis. The appellate court found insufficient evidence that the contraband weight exceeded 100 pounds and reversed the trafficking conviction, reducing it to the lesser offense of attempted possession of cannabis under 100 pounds.
The evidence did not support the conviction for attempted trafficking in cannabis exceeding 100 pounds. However, the evidence did support the lesser included offense of attempted possession of cannabis in an amount less than 100 pounds but over 20 grams. No other reversible error was demonstrated.
[1] A conviction for trafficking in cannabis in an amount exceeding 100 pounds requires proof beyond a reasonable doubt that the weight of the contraband itself, excluding wr…
[2] Evidence insufficient to prove the weight of contraband exceeded 100 pounds does not support a conviction for trafficking in cannabis in an amount exceeding 100 pounds.
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Join FLexlaw to unlock all legal intelligence“the state failed to prove beyond a reasonable doubt that the weight of the contraband exceeded 100 pounds, excluding wrappings and other non-contraband material”
Establishes the critical evidentiary deficiency that required reversal of the trafficking conviction
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Join FLexlaw to unlock all legal intelligenceJoseph Linder, along with Chester S. Anderson and Julie Ann Archie, was tried and convicted of drug trafficking offenses. Linder was specifically char…
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PER CURIAM.
This is a timely appeal from a judgment and sentence for violation of section 893.-135(l)(a)(l), Florida Statutes, attempted trafficking in cannabis in an amount in excess of 100 pounds but less than 2000 pounds, and violation of section 893.135(4), Florida Statutes, conspiracy to traffic in cannabis, ordered September 20, 1985.
Appellant, Joseph Linder, together with Chester S. Anderson and Julie Ann Archie, was tried and convicted of involvement in the sale of drugs. Specifically, Linder was charged with conspiracy to traffic in cannabis in an amount in excess of 100 pounds, but less than 2000 pounds. We have carefully scrutinized the record regarding the weight of the contraband and find the state failed to prove beyond a reasonable doubt that the weight of the contraband exceeded 100 pounds, excluding wrappings and other non-contraband material. Thus, the evidence does not support the conviction of attempted trafficking in cannabis in an amount in excess of 100 pounds, but less than 2000 pounds, in violation of section 893.135(4), Florida Statutes. However, the evidence does support the lesser included offense of attempted possession of cannabis in an amount less than 100 pounds but over 20 grams.
We have considered Linder’s other points and hold that none demonstrates reversible error. Accordingly, the judgment and sentence appealed from are affirmed in all respects, except the conviction and sentence for conspiracy to traffic in cannabis in an amount in excess of 100 pounds but less than 2000 pounds in violation of section 893.135(4), Florida Statutes, are reversed and the cause is remanded with directions to enter judgment of conviction on the lesser included offense of attempted possession of cannabis in an amount less than 100 pounds but over 20 grams and resentence appellant.
AFFIRMED IN PART; REVERSED IN PART; and remanded with directions.
DOWNEY, LETTS and STONE, JJ., concur.