Madruga v. State, s. 82-775
| Decision Date | 14 June 1983 |
| Docket Number | Nos. 82-775,82-1378,s. 82-775 |
| Citation | 434 So.2d 331 |
| Parties | Ramon MADRUGA and Israel Guzman, Appellants, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Long, Smith & Jones and Harold Long, Jr., Miami, for Ramon Madruga.
Bennett H. Brummer, Public Defender and Thomas F. Pepe, Sp. Asst. Public Defender, for Israel Guzman.
Jim Smith, Atty. Gen. and Scott A. Silver and Richard Doran, Asst. Attys. Gen., for appellee.
Before BARKDULL, HUBBART and JORGENSON, JJ.
The defendants pled nolo contendre and were convicted of conspiracy to sell or deliver cannabis, conspiracy to traffic in cannabis, trafficking in cannabis, and armed kidnapping for ransom. They have preserved as the only issue on this appeal, whether or not the state sufficiently established the weight of the contraband to be in excess of 100 pounds and thereby require a mandatory minimum sentence of 3 years under the trafficking statute, Section 893.135(1)(a)1 Florida Statutes (1981) which would follow as a result of the conviction on the trafficking count. State v. Bateman, 423 So.2d 577 (Fla. 2d DCA 1982); State v. Taylor, 411 So.2d 993 (Fla. 4th DCA 1982).
We affirm. The state presented evidence from an experienced drug enforcement officer that he delivered to these and other defendants, marijuana in excess of 100 pounds, to wit: 75 bales of a minimum weight of 41 to 55 pounds a bale. In addition to the testimony, two pictures of the contraband were introduced into evidence. Unfortunately, through no fault of the state, the contraband was destroyed by federal authorities before it could be tested by the defendants and obviously before trial. Notwithstanding the destruction of the contraband the evidence was sufficient to support a finding of trafficking in contraband in excess of 100 pounds contrary to Section 893.135(1)(a)1 of the Florida Statutes (1981).
Only if the defendants can show a reasonable doubt that the omitted evidence would disclose that the contraband was of a weight less then 100 pounds would its destruction and unavailability be prejudicial. Salvatore v. State, 366 So.2d 745 (Fla.1979); State v. Sobel, 363 So.2d 324 (Fla.1978); State v. Snell, 391 So.2d 299 (Fla. 5th DCA 1980); Adams v. State, 367 So.2d 635 (Fla. 2d DCA 1979); Budman v. State, 362 So.2d 1022 (Fla. 3d DCA 1978); United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976).
The appellants in their brief have admitted that what was transported to them was marijuana and only contest the ability of the witnesses to testify as to the amount...
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Brooks v. State
...experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter"); Madruga v. State, 434 So.2d 331, 332 (Fla. 3d DCA 1983) (finding that experienced drug enforcement officer could properly testify to the approximate weight of the marijuana at......
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Hernandez v. State Of Fla.
...shown a reasonable doubt that the transactions described by the witnesses were for less than 28 grams." Id. (citing Madruga v. State, 434 So. 2d 331 (Fla. 3d DCA 1983)). Accordingly, the district court affirmed Hernandez's convictions for first-degree felony murder. Id. We granted review on......
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