Falcon v. State, 38034

CourtUnited States State Supreme Court of Florida
Writing for the CourtBOYD; ERVIN, C.J., ROBERTS, DREW and CARLTON, JJ., and MASON; ADKINS
Citation226 So.2d 399
PartiesFlorentino FALCON, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 38034,38034
Decision Date09 July 1969

Page 399

226 So.2d 399
Florentino FALCON, Appellant,
v.
STATE of Florida, Appellee.
No. 38034.
Supreme Court of Florida.
July 9, 1969.
Rehearing Denied Oct. 6, 1969.

Page 400

Mark Hawes, Tampa, for appellant.

Earl Faircloth, Atty. Gen., and William D. Roth, Asst. Atty. Gen., for appellee.

BOYD, Justice.

This cause is before us on appeal from the Criminal Court of Record of Hillsborough County. Appellant, defendant below, was found guilty by a jury of possession of narcotics and sentenced to five years' imprisonment. Appeal was taken to the District Court of Appeal, Second District. That Court, after hearing argument, determined that this Court has exclusive jurisdiction and transferred the cause here.

The trial court charged the jury in the language of Florida Statutes, §§ 398.03 and 398.20, F.S.A. as follows:

'Now, gentlemen, this prosecution is brought under Section 398.03 of the Florida Statutes which reads as follows: 'It is unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense or compound any narcotic drug, except as authorized in this chapter.'

'And also in this chapter under Section 398.20, a section which reads as follows: 'In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this chapter and the burden of proof of any such exemption, excuse, proviso, or exception shall be upon the defendant."

The record reveals that after the jury retired for deliberation, appellant's counsel objected to the charge on the grounds that Florida Statutes § 398.20, F.S.A. is unconstitutional:

'* * * in that it throws the burden of proof on this defendant, in violation of the Constitution, and the reading of the statute amounts to a comment from the Court calling the attention of the Jury to the fact that the defendant failed to testify in his own behalf.'

The objection was overruled.

Page 401

We have jurisdiction of this appeal under Article V, Section 4, of the Florida Constitution, F.S.A., since the trial court in overruling the objection passed directly on the validity of a state statute.

Florida Statutes § 398.03, F.S.A., makes it unlawful to possess any narcotic drug except as authorized by Chapter 398. Some of the exceptions specified in Chapter 398 are licensed manufacturer, wholesaler, apothecary,...

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24 practice notes
  • Dixon v. State, No. 76--1103
    • United States
    • Court of Appeal of Florida (US)
    • 30 Marzo 1977
    ...the officer's unconstitutional intrusion, standing alone, does not obviate the procurement of a warrant. Johnson, supra; Falcon v. State, 226 So.2d 399...
  • Bishop v. Wainwright, No. 74--2617
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Abril 1975
    ...generally, that the Fourth Amendment does not forbid warrantless arrest in a public place for manifest probable cause. Falcon v. Florida, 226 So.2d 399 (Fla.1969); Odom v. United States, 403 F.2d 45 (5th Cir. 1968), appeal dismissed, 400 U.S. 23, 91 S.Ct. 112, 27 L.Ed.2d 122 (1970); United ......
  • Purifoy v. State, No. 51273
    • United States
    • United States State Supreme Court of Florida
    • 18 Mayo 1978
    ...it applies, we had occasion to interpret the predecessor to this provision, Section 398.20, Florida Statutes (1967), in Falcon v. State, 226 So.2d 399 (Fla.1969). We there held that it was permissible for the legislature to require a defendant to carry the burden of establishing his exempt ......
  • Reis v. State, Nos. 70--853
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 1971
    ...charge and that his failure to do so requires reversal under Carter v. State, Fla.App.1967, 199 So.2d 324. In Falcon v. State, Fla.1969, 226 So.2d 399, the Supreme Court overruled and disapproved Carter, and 'Since there was not 'probable cause' for an arrest without a warrant in Carter, an......
  • Request a trial to view additional results
24 cases
  • Dixon v. State, No. 76--1103
    • United States
    • Court of Appeal of Florida (US)
    • 30 Marzo 1977
    ...the officer's unconstitutional intrusion, standing alone, does not obviate the procurement of a warrant. Johnson, supra; Falcon v. State, 226 So.2d 399...
  • Bishop v. Wainwright, No. 74--2617
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Abril 1975
    ...generally, that the Fourth Amendment does not forbid warrantless arrest in a public place for manifest probable cause. Falcon v. Florida, 226 So.2d 399 (Fla.1969); Odom v. United States, 403 F.2d 45 (5th Cir. 1968), appeal dismissed, 400 U.S. 23, 91 S.Ct. 112, 27 L.Ed.2d 122 (1970); United ......
  • Purifoy v. State, No. 51273
    • United States
    • United States State Supreme Court of Florida
    • 18 Mayo 1978
    ...it applies, we had occasion to interpret the predecessor to this provision, Section 398.20, Florida Statutes (1967), in Falcon v. State, 226 So.2d 399 (Fla.1969). We there held that it was permissible for the legislature to require a defendant to carry the burden of establishing his exempt ......
  • Reis v. State, Nos. 70--853
    • United States
    • Court of Appeal of Florida (US)
    • 1 Junio 1971
    ...charge and that his failure to do so requires reversal under Carter v. State, Fla.App.1967, 199 So.2d 324. In Falcon v. State, Fla.1969, 226 So.2d 399, the Supreme Court overruled and disapproved Carter, and 'Since there was not 'probable cause' for an arrest without a warrant in Carter, an......
  • Request a trial to view additional results

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