State v. Cadore

• Decision Date: 27 April 2011
• Docket Number: No. 2D10–1052.,2D10–1052.
• Citation: 59 So.3d 1200
• Parties: STATE of Florida, Appellant,v.Conisha A. CADORE, Appellee.
• Court: Florida District Court of Appeals

59 So.3d 1200

STATE of Florida, Appellant,
v.
Conisha A. CADORE, Appellee.

No. 2D10–1052.

District Court of Appeal of Florida, Second District.

April 27, 2011.

[59 So.3d 1201]

Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellant.James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellee.KELLY, Judge.

The State appeals from the trial court's order that dismisses the information charging Conisha A. Cadore with trafficking in 400 grams to 150 kilograms of cocaine. The State argues that the question of whether Cadore had the ability to exercise dominion and control over the contraband was a jury question, not an issue properly decided on a motion filed under Florida Rule of Criminal Procedure 3.190(c)(4). We agree that, under the facts of this case, the trial court erred in granting the motion.

A defendant may move for dismissal under rule 3.190(c)(4) by alleging that “[t]here are no material disputed facts

[59 So.3d 1202]

and [that] the undisputed facts do not establish a prima facie case of guilt against the defendant.” It is the defendant's burden to demonstrate that no prima facie case exists upon the undisputed facts set forth in detail in the motion. State v. Kalogeropolous, 758 So.2d 110, 111 (Fla.2000). In reviewing the undisputed facts, the State is entitled to the most favorable construction of the evidence with all inferences being resolved against the defendant. State v. Dickerson, 811 So.2d 744, 746 (Fla. 2d DCA 2002). In meeting its burden of establishing a prima facie case, the State need not adduce evidence sufficient to sustain a conviction, State v. Ortiz, 766 So.2d 1137, 1142 (Fla. 3d DCA 2000), and may rely on circumstantial evidence, Kalogeropolous, 758 So.2d at 112.

In this case, Cadore moved to dismiss the information, arguing that the undisputed facts failed to show that she had dominion and control over the drugs in the residence. The undisputed facts are that a confidential informant purchased crack cocaine on two separate occasions from a person known as “Sunshine,” who was later identified as Conisha Cadore. The transactions took place in Cadore's residence. Based on this information, law enforcement officers obtained a search warrant authorizing them to search Cadore's residence for illegal drugs. Upon entering the residence, the officers encountered Cadore and codefendant Brent Starks in the bedroom. As a result of the search, the officers found approximately 75.4 grams of cocaine in a box on a kitchen shelf, approximately 98 grams of cocaine in a plastic bag inside an oven mitt hanging above the kitchen stove, approximately 132 grams of cocaine in a hat box on a shelf in the bedroom closet, and other illegal drugs in a second box in the same closet. On a dresser in the bedroom, the officers found a statement from the Tampa Electric Company showing Cadore's name. In a drawer of that dresser, the officers found $2495 in cash. In another dresser beside the bed, they found a loaded Glock .45 handgun, two pieces of mail showing the names of both defendants, and boxes of ammunition. A loaded Glock .45 magazine was found on the couch in the living room. In addition, the officers found a digital scale containing cocaine residue at an unspecified location in the residence. Upon being told her Miranda¹ rights, Cadore stated that she “hasn't sold cocaine from the residence in approximately two weeks.” When an officer showed Starks a bag of cocaine that was found in the residence, Starks stated...