Santiago v. State

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

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.

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 "[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, under the bed, in the jean shorts, and in the football shoulder pads in the closet. The mere fact that some contraband was in plain view does not permit the inference that the defendant knew of the presence of all quantities of hidden contraband ultimately found after searching the entire residence. See Mitchell v. State, 958 So.2d 496, 500 (Fla. 4th DCA 2007); Hill v. State, 873 So.2d 491 (Fla. 1st DCA 2004).

Knowledge

Because the evidence suggested that many individuals had access to or lived in this residence, and the evidence linked at least three persons with the bedroom where Mr. Santiago was found, the State was required to establish the knowledge element by independent proof. Generally, independent proof can be established by the admission into evidence of a pretrial statement made by an accused, by witness testimony, or by scientific evidence. In this instance, no method of establishing independent proof can be located in the record.

Most recently, in Robinson v. State, 975 So.2d 593 (Fla. 2d DCA 2008), this court addressed a similar factual situation. There, officers executed a search warrant on a home occupied by the defendant, his girlfriend, and her two children. The officers found illegal drugs in the hollowed-out bottom of a miniature ceramic house sitting on the kitchen counter. The drugs were concealed from the open view of anyone merely looking at the ceramic house. We noted:

Here, Robinson was a joint occupant of the residence. The State failed to prove that the cocaine and marijuana were in plain view. Further, the State did not present independent proof establishing the required element that Robinson had knowledge of the cocaine and marijuana in the ceramic house on the kitchen counter. Because the State failed to prove actual or constructive possession, the trial court should have granted the motion for judgment of acquittal on the cocaine and marijuana charges.

Id. at 595. Because the State's evidence did not prove Mr. Robinson knew the concealed drugs were present, we found that there was insufficient evidence to demonstrate he constructively possessed the drugs and reversed his convictions for possession of cocaine and marijuana.

In Wagner, officers found drugs in the pockets of two men's suits and a shirt located in a closet which Mr. Wagner shared with his girlfriend. This court noted that the State may prove the element of knowledge based on "evidence that the defendant had actual knowledge of the presence of the contraband or evidence of incriminating statements or circumstances other than simple proximity to the contraband, from which the jury could infer the defendant's knowledge." Id. at 513 (citing Woods v. State, 765 So.2d 255, 257 ...