HOWARD REYNOLDS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-04-16
No. 3D06-1694
Before GERSTEN, C.J., and RAMIREZ and SHEPHERD, JJ.
983 So. 2d 1192 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 12 cases

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.

Synopsis

Howard Reynolds appealed his convictions for trafficking in marijuana and conspiracy to traffic in marijuana in excess of twenty-five pounds. The appellate court reversed the trafficking conviction due to insufficient evidence of constructive possession but affirmed the conspiracy conviction based on circumstantial evidence of an agreement.


Holding

The court reversed the trafficking conviction because the State failed to prove constructive possession beyond a reasonable doubt. The court affirmed the conspiracy conviction because sufficient circumstantial evidence proved an express or implied agreement between Reynolds and another person to commit the criminal offense.


Headnotes

[1] A conviction for trafficking in marijuana requires proof beyond a reasonable doubt of knowing actual or constructive possession of the contraband.

[2] Actual possession of contraband requires proof that the item is within ready reach and under the control of the person.

Previewing 2 of 6 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

Key Quotes

“In order to convict Reynolds of trafficking in marijuana, the State must prove beyond a reasonable doubt that Reynolds was "knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis."”

Establishes the legal standard for trafficking conviction requiring proof of knowing possession

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

During a warehouse investigation, narcotics dogs alerted to drugs in shrink-wrapped barrels. FDLE obtained a search warrant and opened the barrels. Re…

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Howard Reynolds (“Reynolds”) appeals his conviction for trafficking in marijuana and conspiracy to traffic in marijuana in excess of twenty-five pounds. We reverse in part and affirm in part.

During an investigation at a local warehouse, two narcotics dogs alerted to the presence of drugs in shrink-wrapped cardboard barrels. Based on this information, the Florida Department of Law Enforcement (“FDLE”) obtained a warrant to search the barrels. As FDLE agents opened the barrels, Reynolds entered the warehouse. Upon seeing the agents, Reynolds attempted to leave the premises, but the agents immediately arrested him, finding a matching bill of lading and an American Airlines travel voucher for a flight to California in his possession. Thereafter, they took him to FDLE headquarters for questioning.

At trial, the State introduced two inconsistent reports that the interviewing agent prepared. The first report, compiled on the day of the questioning, stated that Reynolds realized he was probably involved in something illegal because of the secrecy and cash involved, but his knowledge of the barrels’ contents was speculation. The second report, prepared over one year later, stated that Reynolds answered affirmatively when asked if he knew there were drugs in the barrels. Further, the agent testified that everything noteworthy was in the first report.

The State also introduced evidence of Reynolds’ prior travel to and from Los Angeles, as well as proof of similar barrels he had shipped from California. To further prove a conspiracy, the State introduced the fact that Reynolds’ wife posted bond for both Reynolds and a co-defendant. Reynolds was convicted of trafficking and conspiracy to traffic in marijuana in excess of twenty-five pounds.

Reynolds asserts that the State failed to prove beyond a reasonable doubt that he knowingly trafficked in marijuana or conspired to traffic in marijuana. The State contends there was sufficient proof of the charges. We agree with Reynolds concerning the trafficking count and reverse, but affirm the conspiracy conviction.

In order to convict Reynolds of trafficking in marijuana, the State must prove beyond a reasonable doubt that Reynolds was “knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis.” § 893.135(1), Fla. Stat. (2002). Subsection 893.135(1) establishes two theories: (1) actual possession and (2) constructive possession.

First, for actual possession, the State must prove that “the thing is so close as to be within ready reach and is under control of the person.” McCoy v. State, 840 So. 2d 455, 456 (Fla. 4th DCA 2003) (citing Fla. Std. Jury Instr. (Crim.) 25.7 (2002)). Here, when Reynolds entered the warehouse, he was neither within ready reach, nor in control of the barrels containing the marijuana. Therefore, the actual possession theory fails.

Under constructive possession, the State must prove that the defendant knew of the presence of the contraband and was able to exercise dominion and control over it. Person v. State, 950 So. 2d 1270, 1272 (Fla. 2d DCA 2007); Links v. State, 927 So. 2d 241, 243 (Fla. 2d DCA 2006). However, if the drugs are not located inside the accused’s exclusive possession, the State cannot infer his or her knowledge of the presence of and control over the drugs. Instead, the State must provide independent proof of knowledge. De La Cruz v. State, 884 So. 2d 349, 351 (Fla. 2d DCA 2004).

In De La Cruz, the contraband was concealed in a shrink-wrapped block similar to a bar of soap. The police found the contraband in a kitchen cabinet. De La Cruz was not in exclusive possession of the kitchen area. The State did not present any evidence that the contraband was visible through the layers of plastic. The State did not fingerprint the wrapping, nor did the officers find any of De La Cruz’s personal effects near the contraband. Thus, the court found that the State did not present any evidence that the contraband was in plain view to support a finding of constructive possession. De La Cruz, 884 So. 2d at 352.

Here, Reynolds was not in “ready-reach” actual possession of the drugs, nor did he exercise dominion or control over the barrels at any time. The agents were unable to see or smell the marijuana in the shrink-wrapped barrels. The agents did not fingerprint the barrels or the contents. Thus, since the State did not prove beyond a reasonable doubt that Reynolds was in constructive possession of the barrels, we find that the conviction for trafficking in marijuana was error. Next, in order to convict Reynolds of the second charge, conspiracy to traffic in marijuana in excess of twenty-five pounds, the State must prove that there was an “express or implied agreement between two or more persons to commit a criminal offense.” Young v. State, 940 So. 2d 543, 544 (Fla. 5th DCA 2006) (citing Ramirez v. State, 371 So. 2d 1063, 1065 (Fla. 3d DCA 1979)); see also Jimenez v. State, 715 So. 2d 1038, 1040 (Fla. 3d DCA 1998). Both the agreement and an intention to commit an offense are essential elements of a conspiracy. However, direct proof of an agreement is not necessary to establish a conspiracy. Jimenez, 715 So. 2d at 1040. Circumstantial evidence may support the existence of a conspiracy. Wilder v. State, 587 So. 2d 543, 546 (Fla. 1st DCA 1991).

Here, the State introduced several pieces of circumstantial evidence. The State introduced evidence of Reynolds’ pri-or travel to and from Los Angeles. An agent testified that he saw a video of Reynolds outside a van with four barrels in Los Angeles. A warehouse employee testified that Reynolds had been involved in almost twenty shipments from Miami to Los Angeles with similar information on the bill of lading. Further, there were at least four van rentals that corresponded to the dates of shipments from the warehouse. The State also introduced evidence that when the police arrested Reynolds, he had in his possession a copy of the bill of lading and an American Airlines travel voucher to Los Angeles.

We find that there was sufficient circumstantial evidence to prove an express or implied agreement between Reynolds and another person to commit a criminal offense. Therefore, Reynolds’ conviction for conspiracy to traffic in marijuana must stand.

Accordingly, Reynolds’ conviction for trafficking in marijuana is reversed, and his conviction for conspiracy to traffic in marijuana is affirmed.

Reversed in part and affirmed in part.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Jennings v. State, 124 So. 3d 257 (Fla. 3d DCA 2013)
    …uctive possession. To prove constructive possession, the State must present competent, substantial evidence of the accused’s knowledge of the presence of contraband and his or her ability to exercise dominion and control over it. Reynolds v. State, 983 So. 2d 1192, 1194 (Fla. 3d DCA 2008); Links v. State, 927 So. 2d 241, 243 (Fla. 2d DCA 2006). If the contraband is not located within the accused’s exclusive possession, the jury cannot infer the accused’s knowledge of and control over the contraband based upon…
  • Taylor v. State, 13 So. 3d 77 (Fla. 1st DCA 2009)
    …e of cannabis plants. 4. Defendant knew that the substance was cannabis. Fla. Std. Jury Instr. (Crim.) 25.9 (2007). Proof of possession of a controlled substance may be actual or constructive. § 893.13(6)(a), Fla. Stat. (2006); Reynolds v. State, 983 So. 2d 1192, 1194 (Fla. 3d DCA 2008); Robinson, 936 So. 2d at 1166. Because the State did not prove that Appellant had actual possession of the cannabis, and the cannabis in the grocery bag was not in plain view, the State had to establish constructive possessi…
  • Towns v. State, 259 So. 3d 291 (Fla. 3d DCA 2018)
    …the record shows Towns was in the driver’s seat while the gun and bags of marijuana were jammed under the back seat. The contraband was not “so close as to be within ready reach” and considered in Towns’ actual possession. See Reynolds v. State, 983 So. 2d 1192, 1194 (Fla. 3d DCA 2008); McCoy v. State, 840 So. 2d 455, 456 (Fla. 4th DCA 2003) (citing Fla. Std. Jury Instr. (Crim.) 25.7 (2002)). As the State was unable to prove that Towns had actual possession of either the firearm or the drugs, the State…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw