Gibson v. State, No. 1D05-4265.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Per Curiam |
| Citation | 940 So.2d 1263 |
| Parties | James GIBSON, Appellant, v. STATE of Florida, Appellee. |
| Decision Date | 06 November 2006 |
| Docket Number | No. 1D05-4265. |
v.
STATE of Florida, Appellee.
Page 1264
Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant.
Charlie Crist, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant, James Gibson, challenges his conviction for trafficking in cocaine. Appellant raises six issues on appeal; however, we need only address his first assignment of error. After conducting a thorough review of the record, we find the trial court erred in denying appellant's motion for judgment of acquittal and, accordingly, REVERSE with instructions to discharge appellant with respect to this offense.
The record shows that on March 11, 2004, a confidential informant telephoned someone, allegedly appellant, to arrange the purchase of cocaine. Law enforcement officers gave the confidential informant a recording device and $2,500 with which to make the purchase. The confidential informant arrived at the location of the supposed sale and remained in his vehicle. Thereafter, appellant exited a store and walked across a public parking lot towards the informant's vehicle. Appellant entered the vehicle and sat in the passenger's seat.
The prosecution played for the jury the recorded, but extremely brief, conversation that took place between the informant and appellant while in the vehicle. The recording represented the only verbal evidence regarding the alleged sale at the scene of the arrest. The conversation has one speaker mentioning "nine ounces" and the other speaker making reference to "nine dollars." There were no other intelligible comments on the recording. Immediately after these comments, law enforcement officers approached the vehicle and arrested appellant, ultimately charging him with trafficking in cocaine.1 Neither appellant nor the confidential informant testified at trial.
Page 1265
At the time of the arrest, a law enforcement officer recovered the $2,500 from the confidential informant and not from appellant. Further, law enforcement also discovered a baggie containing 28 grams of cocaine on the ground outside of the vehicle in the public parking lot. The record was completely devoid of any evidence of a sale of cocaine between appellant and the confidential informant. No fingerprints were found on the baggie of cocaine nor was there any evidence in the record as to how far the cocaine was from the vehicle at the time of its discovery. Moreover, no evidence in the record showed that appellant ever possessed the cocaine.
At the conclusion of the State's case in chief, defense counsel moved for judgment of acquittal, on the grounds that the State did not present any evidence establishing appellant trafficked in cocaine. Notwithstanding the trial court's comment that the State's case was "weak," it denied appellant's motion. The defense then rested without calling any witnesses and the jury returned a guilty verdict.
A trial court's motion for judgment of acquittal is reviewed de novo. See, e.g., Pagan v. State, 830 So.2d 792, 803 (Fla.2002); Wesson v. State, 899 So.2d 382, 383 (Fla. 1st DCA 2005); Jones v. State, 790 So.2d 1194, 1196 (Fla. 1st DCA 2001). This court must consider the evidence and all reasonable inferences in the light most favorable to the State when reviewing the trial court's decision. ...
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NICHOLAS v. State of Fla., No. 2D07-5400.
...in the Morro Manor apartment. Without dominion and control, a conviction for trafficking cannot be sustained. See, e.g., Gibson v. State, 940 So.2d 1263, 1265 (Fla. 1st DCA 2006) (reversing conviction for trafficking in cocaine where there was no evidence that the defendant had dominion or ......
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Nicholas v. State Of Fla., No. 2D07-5400
...the Morro Manor apartment. Without dominion and control, a conviction for trafficking cannot be sustained. See, e.g., Gibson v. State, 940 So. 2d 1263, 1265 (Fla. 1st DCA 2006) (reversing conviction for trafficking in cocaine where there was no evidence that the defendant had dominion or co......
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Lukaszewski v. State, No. 1D12–3600.
...the elements of the crime were met. A trial court's ruling on a motion for judgment of acquittal is reviewed de novo. Gibson v. State, 940 So.2d 1263, 1265 (Fla. 1st DCA 2006) (citing Pagan v. State, 830 So.2d 792, 803 (Fla.2002)). In reviewing a trial court's denial of a motion for judgmen......
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Edmond v. State, No. 4D06-926.
...reasonable hypothesis of innocence, i.e., that he had no knowledge of the contraband and it belonged to another. See Gibson v. State, 940 So.2d 1263, 1265 (Fla. 1st DCA 2006). The State failed to do While Edmond's identification and a bill were found in a bedroom where drugs and money were ......
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NICHOLAS v. State of Fla., No. 2D07-5400.
...in the Morro Manor apartment. Without dominion and control, a conviction for trafficking cannot be sustained. See, e.g., Gibson v. State, 940 So.2d 1263, 1265 (Fla. 1st DCA 2006) (reversing conviction for trafficking in cocaine where there was no evidence that the defendant had dominion or ......
-
Nicholas v. State Of Fla., No. 2D07-5400
...the Morro Manor apartment. Without dominion and control, a conviction for trafficking cannot be sustained. See, e.g., Gibson v. State, 940 So. 2d 1263, 1265 (Fla. 1st DCA 2006) (reversing conviction for trafficking in cocaine where there was no evidence that the defendant had dominion or co......
-
Lukaszewski v. State, No. 1D12–3600.
...the elements of the crime were met. A trial court's ruling on a motion for judgment of acquittal is reviewed de novo. Gibson v. State, 940 So.2d 1263, 1265 (Fla. 1st DCA 2006) (citing Pagan v. State, 830 So.2d 792, 803 (Fla.2002)). In reviewing a trial court's denial of a motion for judgmen......
-
Edmond v. State, No. 4D06-926.
...reasonable hypothesis of innocence, i.e., that he had no knowledge of the contraband and it belonged to another. See Gibson v. State, 940 So.2d 1263, 1265 (Fla. 1st DCA 2006). The State failed to do While Edmond's identification and a bill were found in a bedroom where drugs and money were ......