JAMES L. FUTCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
James Futch was convicted of possession of methamphetamine based on positive field tests, despite a definitive FDLE laboratory test showing the substance contained no controlled substances. The court reversed the conviction, finding insufficient evidence to support the guilty verdict.
The conviction is reversed because the evidence is insufficient to support the guilty verdict. The definitive FDLE laboratory test showing no controlled substances, combined with the absence of testimony regarding the reliability of the valtox field tests, renders the evidence legally insufficient for conviction.
[1] A conviction for possession of a controlled substance cannot stand when the only laboratory testing of the substance, performed by a state forensic laboratory, yields neg…
[2] Evidence of a substance testing negative for controlled substances at a state forensic laboratory is more definitive than field reagent tests that yield positive results.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In the present case, there is even less evidence than there was in L.R. Officer Skjefte did not testify to the reliability of the valtox test. Moreover, he testified that the FDLE laboratory test, which was negative for controlled substances, was more reliable than the valtox tests.”
Establishes why the evidence was insufficient—the officer's own testimony undermined the field tests by acknowledging the superior reliability of the definitive negative laboratory test.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePolice seized a mirror with a white powdery substance from Futch's motel room. Detective Doty performed a field reagent (valtox) test that was negativ…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Possession Of Methamphetamine cases and more on FLexlaw
DANAHY, PAUL W., (Senior) Judge.
James Futch challenges his judgment and sentence for possession of methamphetamine. He argues that there was insufficient evidence to support the conviction. We agree.
Futch was initially charged with attempted sale of methamphetamine. At the close of the State’s case, the trial court granted Futch’s motion for judgment of acquittal on the attempted sale and allowed the case to proceed to the jury on the offense of possession of methamphetamine. The State’s evidence showed that the police had seized a mirror, with a white powdery substance on it, from Futeh’s motel room. Detective Doty of the Lakeland Police Department performed a field reagent test, otherwise known as a valtox test, on the substance and it tested negative for the presence of methamphetamine. Officer John Skjefte testified that he twice valtox-tested the substance and both times it tested positive for the presence of methamphetamine. The substance was sent to the Florida Department of Law Enforcement laboratory in Tampa for testing. The laboratory results showed that it tested negative for the presence of any controlled substances. Officer Skjefte testified that the test performed by the chemist at the FDLE laboratory is more definitive than the valtox test.
The jury found Futch guilty of the offense of possession of methamphetamine. Within ten days of the verdict, Futch moved for a judgment of acquittal citing L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990). He argued that the evidence was not sufficient to support the verdict. The trial court erred in denying the motion. In L.R., L.R. was adjudicated delinquent for possession of cocaine.
At the adjudicatory hearing the sole evidence identifying the substance was the officer’s testimony that, based on his past experience, it appeared to be rock cocaine, and that it field tested positive for cocaine. The officer described the procedure for performing the test but was unable to testify as to the reliability of the test. No laboratory report was introduced nor was a chemist called to testify.
L.R., 557 So. 2d at 122. The L.R. court held the above evidence was insufficient and reversed the adjudication of delinquency.
In the present case, there is even less evidence than there was in L.R. Officer Skjefte did not testify to the reliability of the valtox test. Moreover, he testified that the FDLE laboratory test, which was negative for controlled substances, was more reliable than the valtox tests. Further, we have been unable to find any Florida case where a defendant was convicted of possession of a controlled substance when the evidence at trial showed that the substance at issue was tested at the FDLE laboratory and the results were negative for the presence óf a controlled substance.
Accordingly, we reverse Futch’s conviction and remand with instructions to discharge him.
PARKER, A.C.J., and GREEN, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Higgins v. State, 899 So. 2d 1251 (Fla. 4th DCA 2005)…[*1254] STONE, J., dissenting. I would reverse on the authority of Smith v. State, 835 So. 2d 387 (Fla. 2d DCA 2003); Futch v. State, 744 So. 2d 540 (Fla. 2d DCA 1999); L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990).…1 / 3
Authorities Cited
- Perez v. State, 557 So. 2d 121 (Fla. 3d DCA 1990)
- L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990)