Stanton v. State
| Decision Date | 23 December 1999 |
| Docket Number | No. 99-1145.,99-1145. |
| Citation | 746 So.2d 1229 |
| Parties | David STANTON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.
David Stanton appeals his conviction for possession of cocaine. We conclude that the evidence was legally insufficient to support the conviction, and reverse it.
The very unusual facts of the case are that defendant Stanton was in an area of Key West during the Goombay Festival. He encountered a drug dealer who asked what defendant was looking for, meaning what drugs the defendant was looking for. After repeatedly saying that he was not looking for any drugs, the drug dealer handed defendant a rock of crack cocaine, saying that it was "on the house," and if defendant wanted more, he should come back.
Defendant, who testified that he had a long-standing cocaine problem but had managed to stay clear of cocaine for some time, decided to turn the drug dealer in. He accepted the cocaine rock and walked to the first police officer he could find. He put the cocaine rock down on a barricade by which the police officer was standing. There is some disagreement about the details of the conversation, but the defendant indicated that he wanted to assist the police in apprehending the drug dealer, such as by acting as an undercover buyer.
The police arrested the defendant for possession of cocaine and did not take up the offer of assistance in arresting the drug dealer. The State took the position at trial that since the defendant was in physical possession of a cocaine rock, it followed that he had committed the crime of possession of cocaine, regardless of the circumstances.
We do not think that a person who takes temporary possession of contraband for the sole purpose of turning it into the authorities, and promptly does so, is guilty of a crime. If a person finds contraband washed up on the beach, or floating in the sea, and takes the contraband forthwith to the authorities, we do not think that the law does, or is intended to, criminalize temporary possession for that purpose. Likewise if a parent discovers contraband in possession of his or her child, and disposes of it, we do not think the law criminalizes the parent's temporary possession.
It has been held that no crime is committed where a person takes temporary control of contraband in order to make a legal disposition of it by throwing it away, destroying it, or giving it to police. See Adams v. State, 706 P.2d 1183, 1185 (Alaska Ct.App.1985); see also People v. Mijares, 6 Cal.3d 415, 99...
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H.R. v. State
...error-i.e., an error that reaches to the foundation of the case and is equal to a denial of due process. See, e.g., Stanton v. State, 746 So.2d 1229, 1230 (Fla. 3d DCA 1999) (citing Troedel [v. State , 462 So.2d 392 (Fla. 1984) ] and stating that "a person who takes temporary possession of ......
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Sanders v. State, SC00-1688.
...765 So.2d 778 (Fla. 1st DCA 2000), based on certified conflict with T.E.J. v. State, 749 So.2d 557 (Fla. 2d DCA 2000); Stanton v. State, 746 So.2d 1229 (Fla. 3d DCA 1999); and Brown v. State, 652 So.2d 877 (Fla. 5th DCA 1995). Upon further consideration, however, we find that jurisdiction w......
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Williams v. State, 1D01-3201.
...granted, 796 So.2d 533 (Fla. 2001) (declining to find conflict with T.E.J. v. State, 749 So.2d 557 (Fla. 2d DCA 2000); Stanton v. State, 746 So.2d 1229 (Fla. 3d DCA 1999); and Brown v. State, 652 So.2d 877 (Fla. 5th DCA DAVIS, PADOVANO and LEWIS, JJ., concur. ...