JAMES JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Johnson was convicted of cocaine trafficking, but the Fourth District Court of Appeal reversed because the trial court failed to provide a jury instruction on the essential element of knowledge as required by State v. Dominguez. The court held that knowledge of the specific controlled substance is a critical element that must be adequately instructed to the jury when the defendant contests it.
The trial court reversible error in failing to provide a Dominguez instruction specifically requiring the jury to find that the state proved the defendant's knowledge of the specific controlled substance (cocaine) as an essential element of the trafficking charge. The court rejected the state's argument that a Gartrell instruction on inferring knowledge from exclusive possession adequately substituted for a Dominguez instruction where exclusive possession itself was controverted.
[1] A defendant is entitled to have the jury instructed on his theory of defense.
[2] A jury instruction must unequivocally inform the jury that the state must prove the defendant's knowledge of the specific controlled substance when knowledge is a contest…
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Join FLexlaw to unlock all legal intelligence“A defendant is entitled to have the jury instructed in accordance with his theory of defense.”
Establishes the fundamental right to jury instructions supporting the defendant's theory of the case.
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Join FLexlaw to unlock all legal intelligenceJohnson was charged with trafficking in cocaine. He contested both possession and knowledge, asserting that the state failed to prove beyond a reasona…
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PARIENTE, Judge.
Defendant appeals his conviction for trafficking in cocaine. Because the jury instructions did not adequately instruct the jury on the essential element of defendant’s knowledge in accordance with State v. Dominguez, 509 So. 2d 917 (Fla.1987), we reverse defendant’s conviction and remand for a new trial.
Defendant contested both possession and knowledge. Central to defendant’s defense was his assertion that the state did not prove beyond a reasonable doubt that he knew there was cocaine inside the bag, which itself was inside other bags. Defendant requested an instruction in accordance Dominguez and State v. Medlin, 273 So. 2d 394 (Fla.1973), as follows:
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 request was denied and no comparable instruction was given. Compare Rubiana v. State, 528 So. 2d 1262 (Fla. 4th DCA), cause dismissed, 584 So. 2d 401 (Fla.1988) (although the jury instruction did not mimic the exact wording of Dominguez, it, nevertheless, was sufficient to indicate that the state must prove defendant had knowledge of the specific controlled substance charged in the information). A defendant is entitled to have the jury instructed in accordance with his theory of defense. Bryant v. State, 412 So. 2d 347, 350 (Fla.1982). Defendant’s knowledge of the nature of the substance was the primary contested element of the crime. The jury instructions given did not unequivocally inform the jury that the state must prove defendant’s knowledge of the specific controlled substance.
We do not agree that the 1987 amendment to section 893.135(2)1 abrogates the necessity of a Dominguez instruction when requested and where the instruction is supported by the evidence. The statute ab rogates Dominguez, if at all, only to the extent that a defendant may not defend a charge of trafficking in one of the enumerated controlled substances (e.g. cocaine) by claiming that he had intended to sell, purchase, manufacture, deliver, etc. a different enumerated controlled substance (e.g. heroin).
By requesting a specific instruction, defendant preserved any error in the trial court’s failure to give the requested instruction. Toole v. State, 479 So. 2d 731 (Fla.1985). Further, even if the error was not properly preserved, the failure to give a Dominguez instruction is fundamental error. State v. Delva, 575 So. 2d 643 (Fla.1991).
The state asserts that the trial court was not required to give the Dominguez instruction as it had properly instructed the jury that knowledge may be inferred from defendant’s exclusive possession of the cocaine in accordance with Gartrell v. State, 626 So. 2d 1364 (Fla.1993). In Gartrell, the supreme court stated that knowledge of possession may be inferred from a defendant’s exclusive possession of a substance. Under Gartrell, the jury in this case could have inferred that defendant knowingly possessed the cocaine, if it had concluded that he had exclusive possession. However, exclusive possession was controverted. A Gartrell instruction did not obviate the need for a Dominguez instruction advising the jury that knowledge is an essential element of the crime where defendant has denied both exclusive possession and knowledge.
In light of the fact that the trial court’s instructions did not include a specific instruction concerning the necessity of defendant’s knowledge, we are compelled to reverse on this issue for a new trial.
REVERSED.
WARNER and STEVENSON, JJ., concur. . Subsection 893.135(2), Florida Statutes (1993), provides: A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.
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Citator
Cited By
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McMILLON v. State, 813 So. 2d 56 (Fla. 2002)…t is well settled that due process requires the state to prove every element of a crime beyond a reasonable doubt_”). Convictions based on such failures or omissions are certainly prejudicial and should be reversed. For example, in Johnson v. State, 650 So. 2d 89 (Fla. 4th DCA 1995), the defendant’s request for a Dominguez instruction3 was denied. On appeal, the Fourth District found the failure to so instruct was reversible error under State v. Delva, 575 So. 2d 643 (Fla.1991). Therefore, we find the trial…
Authorities Cited
- D'Angelo v. State, 575 So. 2d 643 (Fla. 1991)
- State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
- State v. Medlin, 273 So. 2d 394 (Fla. 1973)
- Gartrell v. State, 626 So. 2d 1364 (Fla. 1993)
- State v. Dominguez, 509 So. 2d 917 (Fla. 1987)
- Bryant v. State, 412 So. 2d 347 (Fla. 1982)
- THE Florida BAR v. Aronson, 412 So. 2d 347 (Fla. 1982)
- Ottis Elwood Toole v. State, 479 So. 2d 731 (Fla. 1985)
- Rubiano v. State, 528 So. 2d 1262 (Fla. 4th DCA 1988)