FRANCISCO HERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-11-20
No. 89-2885
Before BARKDULL, HUBBART and COPE, JJ.
569 So. 2d 938 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant Francisco Hernandez was found guilty of separate counts of conspiracy to traffic in cannabis and trafficking in cannabis. He appeals the conspiracy conviction, arguing that the evidence was legally insufficient to sustain it. We disagree. Construing the record in the light most favorable to the State, the evidence supports the jury’s finding of an agreement and an intention to commit the offense. See Ramirez v. State, 371 So. 2d 1063, 1065 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1201 (Fla.1980). The evidence showed an advance agreement by the defendant to provide transportation for contraband being landed in the Florida Keys, and affirmative steps toward that end. While that evidence alone was sufficient to establish a conspiracy, the evidence also showed that under the agreement, the defendant would receive payment at a later time after the drugs were delivered and sold. There was an adequate basis for the conspiracy conviction. See Ellis v. State, 528 So. 2d 1327, 1328 (Fla. 5th DCA 1988).

Affirmed.


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  • Antwain Gamble v. State, 644 So. 2d 1376 (Fla. 5th DCA 1994)
    …ance to be robbed and the drug would be taken from them. 527 F. 2d at 1383. The record should be read in a manner to sustain the jury’s findings in [*1383] this ease; not the reverse. Cochran v. State, 547 So. 2d 928 (Fla.1989); Hernandez v. State, 569 So. 2d 938 (Fla. 3d DCA 1990); Bradford v. State, 460 So. 2d 926 (Fia. 2d DCA 1984), rev. denied, 467 So. 2d 999 (Fla.1985); Huggins v. State, 453 So. 2d 835 (Fla. 5th DCA 1984), rev. denied, 456 So. 2d 1182 (Fla.1984). There is also other circumstantial evid…
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