WILBERT BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Brown was convicted of cocaine trafficking after officers discovered 154 grams of cocaine during a vehicle search following a traffic stop. Brown appeals challenging the admission of $900 found on him, the cocaine evidence due to alleged weight discrepancies, and the trial court's denial of a motion for new trial based on alleged recanted testimony. The appellate court affirms the conviction on all grounds.
The court held no error occurred on any of the three grounds. The $900 in cash was admissible as relevant circumstantial evidence when considered together with possession of a large quantity of cocaine. The cocaine was properly admitted as the Crime Lab Analyst testified the bags showed appropriate markings with no signs of tampering. The alleged recanted testimony was inadmissible hearsay that would not have changed the trial outcome.
[1] Possession of a large sum of money is admissible as evidence in a drug trafficking trial when considered alongside other relevant facts, such as the possession of a large…
[2] Evidence of the amount of cash found on a defendant is admissible and may be considered by the jury in conjunction with other facts to determine if a crime occurred.
Previewing 2 of 5 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“But that does not mean that having a relatively large sum of money while being in possession of a relatively large stash of cocaine is irrelevant to the issue of drug trafficking.”
Establishes that cash evidence is admissible when considered together with drug possession to support trafficking charge
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrown was a passenger in a vehicle stopped for a traffic infraction. When Brown opened the glove compartment to retrieve vehicle registration, officer…
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HARRIS, J.
Brown was a passenger in a vehicle stopped for a traffic infraction. When Brown opened the glove compartment to retrieve the vehicle registration, the officers observed a handgun and ordered all occupants to vacate the vehicle. Gainous, the back seat passenger, fled the scene. In searching for additional weapons, the officers discovered 154 grams of cocaine. Gainous, who had subsequently been apprehended, testified at trial that Brown had thrown the cocaine back to him when the officers stopped the vehicle. Brown was convicted of trafficking in cocaine. He appeals; we affirm.
First Brown contends that it was error for the court to have admitted into evidence the fact that he was found to have $900 on him at the time of his arrest. He cites Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA 1991), and Garcia v. State, 655 So. 2d 194 (Fla. 3d DCA 1995) 1 for the proposition that such evidence is inadmissible. In Lowder, the objection was to permitting a police officer to testify that there is a correlation between narcotics sales and cash in people’s pockets. The appellate court held it error to permit the officer, as an expert, to testify as to the relationship between possessing $1,200 in cash and dealing in narcotics. We agree that someone can have a relatively large sum of money on him and not be a drug dealer. But that does not mean that having a relatively large sum of money while being in possession of a relatively large stash of cocaine is irrelevant to the issue of drug trafficking. Indeed, the Lowder court held:
Further, the defendant’s possession of cash was nonexpert evidence the jury was free to consider, along with other competent evidence such as the amount, condition, sources, and given reasons for carrying the currency, in a commonsense resolution of the disputed issue.
589 So. 2d at 936.
We find no error in the court’s admitting this evidence. Brown next argues that the court erred in admitting the cocaine into evidence because the discrepancy in its weight when measured at the police station and at the testing laboratory indicates tampering. We agree that the testimony of the Crime Lab Analyst that the bags delivered to her showed all the appropriate markings and no signs of tampering justifies the trial court’s determination that no tampering occurred.
We find no error in this regard.
Finally, we agree that the trial court did not err in denying a new trial because of newly discovered evidence. After trial, Jones, a bail bondsman, asserted that in response to his question to Gainous that Gainous told him that Brown had nothing to do with the drugs. Gainous allegedly stated that the other occupants of the vehicle had merely given him (Gai-nous) a ride on the occasion of the arrest. This is not a recantation of testimony; it is merely hearsay. This question and answer session allegedly took place before Brown’s trial and ended with Gainous allegedly telling Jones that he (Gainous) would “do whatever I have to do to straighten this out.” At trial, Gainous testified that the drugs were Brown’s. We agree with the trial court that this hearsay, even if admissible, would not have changed the outcome of the trial.
AFFIRMED.
PETERSON and GRIFFIN, JJ.,eoncur. . The only facts that we can glean from Garcia is that Garcia was found at the scene of the crime in possession of $880. The court held that admitting this fact into evidence was error, citing Lowder for the proposition that possession of a relatively small amount of cash does not raise an inference of criminal activity. But we are not here talking about an inference. We are talking about facts that taken together with other facts may convince a jury that a charged crime occurred. If one buys or sell drugs, one might expect that some cash would be present. The existence of cash is not decisive nor does it create an inference. But it is a fact and it is admissible and may be considered by the jury.
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Citator
Cited By
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Brunson v. State, 31 So. 3d 926 (Fla. 1st DCA 2010)…possession of a relatively small amount of cash.” Id. As noted above, Lowder does not stand for this proposition. The Fifth District, also citing Lowder; has held cash on an individual’s person can be relevant in a trafficking case. Brown v. State, 766 So. 2d 485 (Fla. 5th DCA 2000). We agree. In asserting possession of cash is irrelevant when a trafficking charge is based on possession alone, appellant places too heavy an emphasis on the possession element of his underlying charge and overlooks the broader…
Authorities Cited
- Lowder v. State, 589 So. 2d 933 (Fla. 3d DCA 1991)
- Garcia v. State, 655 So. 2d 194 (Fla. 3d DCA 1995)