STATE OF FLORIDA, PETITIONER,
v.
ANTONIO DOMINGUEZ, RESPONDENT

Fla. | 1987-06-18
No. 69318
MCDONALD, C.J., and SHAW, GRIMES and KOGAN, JJ., concur., EHRLICH, J., concurs in part and dissents in part with an opinion, in which OVERTON, J., concurs.
509 So. 2d 917 Florida Supreme Court (1987) Caution
Cited by 79 cases

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Synopsis

The Florida Supreme Court answered a certified question of great public importance regarding jury instructions in cocaine trafficking cases. The court held that jury instructions for trafficking offenses must explicitly require the jury to find that the defendant knew the substance was the specific drug alleged, not merely that he knowingly possessed some substance. The court amended the standard jury instructions statewide to add this requirement.


Holding

No. The court held that knowledge of the nature of the substance possessed is an essential element of the crime of trafficking in cocaine, and jury instructions must explicitly require the jury to find that the defendant knew the specific substance was cocaine, not merely that he knowingly possessed some substance.


Headnotes

[1] To convict a defendant of trafficking in cocaine, the state must prove beyond a reasonable doubt that the defendant knew the substance was cocaine.

[2] A jury instruction is inadequate if it allows a conviction based solely on the knowing possession of a substance that turns out to be cocaine, without requiring proof tha…

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Key Quotes

“knowledge of the nature of the substance possessed is an essential element to the crime of trafficking in cocaine under section 893.135(l)(b)l. The statute requires "knowing" possession of cocaine and, therefore, lack of knowledge that the substance is cocaine would be a defense.”

Establishes that knowledge of the specific nature of the substance is a required element, not merely knowledge of possession of some substance.

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Facts & Procedural History

Antonio Dominguez was arrested for trafficking in cocaine after he was observed handing a package containing 55.9 grams of cocaine to an undercover na…

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Opinion of the Court
BARKETT, Justice.

BARKETT, Justice.

We have for review Dominguez v. State, 492 So. 2d 1187 (Fla. 5th DCA 1986), in which the district court certified the following question of great public importance:

DOES THE CURRENT STANDARD JURY INSTRUCTION ON TRAFFICKING IN COCAINE SUFFICIENTLY INSTRUCT THE JURY THAT TO CONVICT A DEFENDANT UNDER THE STATUTE ONE OF THE ELEMENTS THAT THE STATE MUST PROVE IS THAT THE DEFENDANT KNEW THAT THE SUBSTANCE IN WHICH HE TRAFFICKED WAS COCAINE?

Id. at 1189. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the negative and affirm the order of the district court.

Antonio Dominguez was arrested for his alleged role in assisting another man, Joe Brooks, in selling some 55.9 grams of cocaine to an undercover narcotics officer. At trial, Dominguez defended on his contention that he did not know the substance was cocaine and had no knowledge that Brooks was trafficking in drugs. According to Dominguez’s testimony, he accompanied Brooks to a theater to see a movie, but Brooks insisted on driving around in the parking lot upon their arrival. Finally, testified Dominguez, Brooks saw a man in another car and parked nearby. Brooks pointed to two packages. Leaving his own car, Brooks approached and entered the vehicle of the undercover officer. At the prearranged cue, Dominguez said he took the package and handed it to the undercover officer. At this time, he was arrested and charged with trafficking in cocaine, a violation of section 893.135(1 )(b), Florida Statutes (1985). During the transaction, Dominguez made no statements indicating knowledge of the substance in question.

The sole issue on appeal is the adequacy of the jury instruction on Dominguez’s knowledge of the substance in his possession. Defense counsel requested, but was denied, the following instruction:

The State must prove beyond and to the exclusion of every reasonable doubt that at the time of the transaction that the defendant knew the substance was cocaine.

The trial court instead gave the following instruction.

Now, Antonio Dominguez, the defendant in this case, has been accused of the crime of trafficking in cocaine. Before you can find the defendant guilty of trafficking in cocaine, the State must prove the following three elements beyond a reasonable doubt.

Element number one, Antonio Dominguez knowingly sold, delivered or possessed a certain substance.

Element number two, the substance was cocaine or a mixture containing cocaine. Element number three, the quantity of cocaine involved was 28 grams or more.

The defendant subsequently appealed. The Fifth District found that the trial court should have instructed the jury that the state must prove beyond a reasonable doubt that the defendant knew the substance was cocaine. On appeal, the state argues that there was little if any difference between the jury instruction given and the one requested. The state contends that, since the jury was told that the defendant must have “knowingly sold, delivered or possessed a certain substance,” that the jury received adequate instruction on the mens rea element. Moreover, argues the state, possession of a substance implies knowledge of its nature. In making these assertions, the state relies in part on two cases holding that the jury need not find that a defendant specifically knew he possessed more than 28 grams of cocaine, a statutory requirement. Wiesenberg v. State, 455 So. 2d 633 (Fla. 5th DCA 1984); Way v. State, 458 So. 2d 881 (Fla. 5th DCA 1984), approved, 475 So. 2d 239 (Fla.1985). Although specific knowledge of the weight of cocaine is not required, we cannot agree that the same conclusion is true when the defendant asserts no knowledge of the nature of the substance. To the contrary, we specifically stated in Way that knowledge of the nature of the substance possessed is an essential element to the crime of trafficking in cocaine under section 893.135(l)(b)l. The statute requires “knowing” possession of cocaine and, therefore, lack of knowledge that the substance is cocaine would be a defense.

Id. at 240-41. We note that, under our statute, mens rea is an essential element of all trafficking offenses. See § 893.135, Fla.Stat. Based on this language, the jury instruction must be deemed inadequate because the word “knowingly” modifies only the words “sold, manufactured, delivered, brought into Florida, or possessed a certain substance.” Fla.Std.Jury Instr. (Crim.), at 231. It in no sense modifies that part of the jury instruction relating to the nature of the substance. Thus, the jury could be led to believe that it could convict the defendant merely because he “knowingly” possessed a substance that later proved to be cocaine, whether or not he knew the nature of that substance.

We therefore answer the certified question in the negative and approve the order of the district court remanding for new trial.

Because of the inadequacy of the standard jury instructions revealed by this case, we hereby amend those instructions dealing with crimes arising from drug trafficking. To each of those instructions, we add a fourth element:

4. (Defendant) knew the substance was (specific substance alleged).

This addition is applicable to instructions dealing with the following crimes: (1) section 893.135(l)(a), Florida Statutes (trafficking in cannabis); (2) section 893.135(l)(b), Florida Statutes (trafficking in cocaine); (3) section 893.135(l)(c), Florida Statutes (traf ficking in illegal drugs); (4) section 893.-135(l)(d), Florida Statutes (trafficking in phencyclidine); and (5) section 893.135(l)(e), Florida Statutes (trafficking in methaqual-one).

It is so ordered.

MCDONALD, C.J., and SHAW, GRIMES and KOGAN, JJ., concur. EHRLICH, J., concurs in part and dissents in part with an opinion, in which OVERTON, J., concurs.

Other
EHRLICH, Justice,

EHRLICH, Justice,

concurring in part and dissenting in part.

I concur with the majority’s amendments to the instructions dealing with crimes arising from drug trafficking. However, for the reasons set forth so well in Judge Or-finger’s dissent below, I dissent on the merits.

In addition, I have reviewed the trial transcript. Counsel for the state and for the defendant each told the jury that knowledge by defendant that the substance in question was cocaine was an element of the crime charged. The state argued that the element of knowledge was proved. The defense argued to the contrary. The jury well knew that knowledge was an essential element of the crime and had to be proved by the state.

While I readily acknowledge that the amendment to the Standard Jury Instructions set forth in the majority opinion is an improvement, I cannot say that the instruction as given was inadequate in light of the argument and position taken by counsel’s closing argument.

OVERTON, J., concurs.


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Citator

Cited By (34 total)

  • State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
    …ied by the district court of appeal should be that where actual knowledge of the substance is at issue, i.e., is a disputed element of the crime, as a defensive matter, it is fundamental error not to give the instruction added by State v. Dominguez, 509 So. 2d 917 (Fla.1987). If that element of the trafficking charge is not at issue, the contemporaneous objection rule will apply. According to the district court of appeal in the instant case “the defense was lack of knowledge the package was in the car and a…
    1 / 4
  • …eration: 1. An amended instruction 2.03 Plea of Not Guilty; Reasonable Doubt; and Burden of Proof. 2. An amended instruction for trafficking in cocaine (and other controlled substances) that addresses (a) the knowledge element, State v. Dominguez, 509 So. 2d 917 (Fla.1987), (b) the definition of possession, (c) State v. Weller, 590 So. 2d 923 (Fla.1991), and (d) recent statutory changes in amounts for enhancements. [*85] 3. Amended instructions for second-degree murder and attempted second-degree murder. 4…
    1 / 3
  • Garcia v. State, 901 So. 2d 788 (Fla. 2005)
    …nstr. (Crim.) Drug Abuse (1981). In 1987, this Court addressed whether the jury instructions on trafficking of [*792] fenses were erroneous because they did not include knowledge of the nature of the substance as an element. See State v. Dominguez, 509 So. 2d 917 (Fla.1987). The Court found, under the relevant statutes at the time, that mens rea was an element of all trafficking charges. The Court then expressly amended the jury instructions on trafficking offenses to include a fourth element: that the defen…
    1 / 2

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