JONATHAN HAYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions and reject appellant’s claim that the proof was insufficient to sustain his conviction for tampering with evidence under section 918.13, Florida Statutes (1993). The proof presented at trial, including testimony that appellant, while being pursued by a police officer attempting to arrest him, pulled a “baggie” containing crack cocaine out of his pants and dropped it into a drainage outlet, was sufficient to sustain the conviction. See McKenzie v. State, 632 So. 2d 276 (Fla. 4th DCA 1994). Interestingly enough, the wet “baggie” was retrieved from the drainage system and later used as evidence to help convict appellant of the charge of possession of cocaine.
We do agree with appellant, however, that the trial court erred in assessing the attorney’s fees of the prosecutor against him, and we remand with directions that those fees be stricken.
ANSTEAD, HERSEY and FARMER, JJ., concur.
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McKINNEY v. State, 640 So. 2d 1183 (Fla. 2d DCA 1994)…ould be convicted of tampering with evidence. In that ease, the swallowing of the cocaine resulted in its destruction. Thus, that holding appears consistent with the earlier cases in this district and the First District. Finally, in Hayes v. State, 634 So. 2d 1153 (Fla. 4th DCA 1994), the court held that a person who drops a baggie of cocaine into a drainage outlet while being pursued by police commits tampering. In such a case, the defendant arguably completes the act of removing the physical evidence, even…
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State v. Darrel Jennings, 666 So. 2d 131 (Fla. 1995)…GRIMES, Chief Justice. We have for review State v. Jennings, 647 So. 2d 294, 295 (Fla. 3d DCA 1994), wherein the district court of appeal certified conflict with Hayes v. State, 634 So. 2d 1153 (Fla. 4th DCA), review denied, 645 So. 2d 452 (Fla.1994). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. Jennings was charged with tampering with physical evidence in violation of section 918.13, Florida St…1 / 3
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State v. Darrel Jennings, 647 So. 2d 294 (Fla. 3d DCA 1994)…taken the evidence into his custody, the defendant was not entitled to remove it.”). Additionally, shouting “police,” without more, was insufficient to put the defendant on notice that an investigation was about to be instigated. Cf. Hayes v. State, 634 So. 2d 1153 (Fla. 4th DCA) (defendant convicted of tampering with evidence when he dropped baggie containing crack cocaine in a drainage outlet while being pursued by police), rev. denied, 645 So. 2d 452 (Fla.1994). To the extent our decision conflicts with Hay…
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- McKENZIE v. State, 632 So. 2d 276 (Fla. 4th DCA 1994)