Santiago v. State, 2D07-3631.

• Court: Court of Appeal of Florida (US)
• Writing for the Court: Casanueva
• Citation: 991 So.2d 439
• Parties: Eric SANTIAGO, Appellant, v. STATE of Florida, Appellee.
• Docket Number: No. 2D07-3631.,2D07-3631.
• Decision Date: 08 October 2008

991 So.2d 439 Eric SANTIAGO, Appellant,
v.
STATE of Florida, Appellee. No. 2D07-3631. District Court of Appeal of Florida, Second District. October 8, 2008.

[991 So.2d 441]

Chris M. Pratt, Palmetto, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Eric Santiago appeals his convictions for trafficking in heroin and possession of hydrocodone. Because the State failed to establish that Mr. Santiago had constructive possession of the hydrocodone and the requisite trafficking quantity of heroin, we are compelled to reverse. The proof the State presented at trial supports a conviction for the lesser-included crime of possession of heroin predicated on the quantity of the illegal drug found in plain view. See § 924.34, Fla. Stat. (2006). Accordingly, resentencing on remand will be necessary.

Facts

Members of the Manatee County Sheriff's Office executed a search warrant at a residence located in Bradenton, Florida, believed to be occupied by six people: Eric Santiago, Ashlee Dailey, Marie Santiago, Daniel Mendoze, Matthew Enchautegy, and Yesenia Cromity. Arriving at the residence location, the deputies encountered Mr. Enchautegy outside and several adults and two children, whose names they did not request, inside the residence. Mr. Santiago was found in the larger of two bedrooms along with a quantity of illegal drugs. Testimony at trial indicated that 3.151 grams of heroin in plastic baggies were found in plain view on the bedroom floor, 2.299 grams of heroin were found in the pocket of what was described as likely men's jean shorts also located on the floor, 9.207 grams of heroin were found in an opaque pink tube underneath the bed, and 4.539 grams of heroin were found hidden in football shoulder pads located in the open bedroom closet.

Other drugs were also found in the bedroom. In addition to the bed, the room contained a dresser with a mirror. On the mirror, likely etched, were the words "Ashlee and Eric." One deputy testified that while searching the dresser he located a lock box in one of its drawers. Found within the lock box were bullets, an identification card bearing the name of "Eric Santiago," a motor vehicle title in the name of "Bolke Mora," a retail store receipt issued in the name of "Eric Santiago" and bearing the same address as the residence where the search warrant was executed, and most importantly, 5.314 grams of heroin and a number of hydrocodone pills. A separate dresser drawer contained an identification card bearing the name of "Ashlee Dailey."

Two other documents were located in the residence that suggested the identity of its occupants. One of the documents was a water bill for the searched residence issued to "Ashlee Dailey." The other was a bill for cable services for the residence issued to "Eric Santiago."

The rules of constructive possession

Because Mr. Santiago was not found in the actual possession of illegal drugs, in order to meet its burden of proof the State was required to prove his constructive possession of those drugs. To establish constructive possession, the State must prove beyond a reasonable doubt (1) that the defendant had knowledge that the contraband was within his presence and (2) that the defendant had the ability to exercise dominion and control over the contraband. See J.S.M. v. State, 944 So.2d 1143, 1144 (Fla. 2d DCA 2006). Additionally,

991 So.2d 442

"[w]hen, as in this case, contraband is found in a location that was accessible to more than one person, a defendant's knowledge of its presence and ability to exercise dominion and control will not be inferred; these elements must be established by independent proof." Wagner v. State, 950 So.2d 511, 513 (Fla. 2d DCA 2007).

We find that the State met its burden of proof as to the approximately three grams of heroin found in plain view. See Brown v. State, 428 So.2d 250, 252 (Fla. 1983) ("[J]oint occupancy, with or without ownership of the premises, where contraband is discovered in plain view in the presence of the owner or occupant is sufficient to support a conviction for constructive possession."). However, we hold that the State failed to prove either that Mr. Santiago had knowledge of the drugs' presence or that he had the ability to exercise dominion and control over the drugs found in the dresser,...