State v. Raulerson, s. 81-47

Decision Date16 September 1981
Docket Number81-48,Nos. 81-47,81-49,s. 81-47
Citation403 So.2d 1102
PartiesSTATE of Florida, Appellant, v. Johnny RAULERSON, Eston Buchanon, and Calvin Carson Stracke, Appellees.
CourtFlorida District Court of Appeals

Jim Smith, Atty. Gen., Tallahassee, Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellant.

No appearance for appellees.

SHARP, Judge.

The State appeals from the trial court's granting three defendants' (Buchanon, Raulerson and Stracke) motions to dismiss 1 the criminal charges against them because it ruled the material undisputed facts failed to establish a prima facie case of guilt against them. Fla.R.Crim.P. 3.190(c)(4). The criminal charges 2 related to conspiracy and solicitation to smuggle marijuana and trafficking in cannabis. The State contended it should be allowed to prove the identity of the smuggled material by circumstantial evidence, and by the testimony of a State's witness who could identify the material by its distinctive odor, although he had never before been in the presence of marijuana.

The stipulated facts showed that the defendants were involved in some kind of smuggling operation. At approximately 11:30 p. m., a United States customs pilot began following a particular Piper Aztec from the Bimini area to Palm Beach, and lost radar contact with it near Fellsmere, Florida. The pilot saw in an open field on the ground two trucks, one of which was blinking its lights. He radioed this information to the Indian River County Sheriff's Department. Two sheriff's deputies saw two trucks departing from the field as reported and followed one of them, which proved to be the empty decoy. Later the Piper was found abandoned in the field. It had no seats, and was fitted with an illegal additional nose tank.

Hearndon, the State's witness, was approached by Stracke to assist in some kind of clandestine aircraft landing operation. He was paid $500 in advance. His job was to look out for automobiles while the plane was being unloaded. On the night in question, he went to the field and there observed the presence of Buchanon, Raulerson, Stracke, and two other men. He helped unload from the plane approximately eighteen (18) white laundry bags containing material with a strong unusual odor. As they were unloading the plane one of the men remarked, "What are we going to do with 1000 pounds of marijuana?" Hearndon helped Stracke hide the bags in a turkey feeder on a farm near Fellsmere. The next day they were moved to a horse trailer and the trailer was taken away. A few days later Hearndon received $4,100 in cash from Stracke.

No chemical residue of marijuana was found in the plane or on the trucks, and obviously the eighteen (18) white laundry bags were not available to the State to prove its case. The State argued it could make a prima facie case against the defendants by showing all the circumstances of the aircraft landing and unloading, including the remark about marijuana. Also the State proposed it could show the contents of the laundry bags had the distinctive odor of marijuana. Although Hearndon never before had any contact with marijuana, he could identify its odor again, by selecting it from an assembled group of other materials with which he likewise was unfamiliar.

A "(c)(4)" motion challenges whether or not the proofs relied upon by the State establish a prima facie case of guilt against the defendant. All inferences that arise from the undisputed facts must be taken in the light most favorable to the State's case. State v. Upton, 392 So.2d 1013 (Fla.5th DCA 1981). The issue here is whether or not the undisputed facts prima facie identified the contents of the white laundry bags as marijuana.

We agree with our sister court that it is not necessary for the State to prove the identity of contraband as...

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20 cases
  • Boyington v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 9, 1999
    ...production of a chemical analysis is not always essential to a conviction for possession of a controlled substance. State v. Raulerson, 403 So.2d 1102 (Fla. 5th DCA, 1981.) See Sommers v. State, 404 So.2d 366 (Fla. 2d DCA 1981)." 406 So.2d at 1164. Similarly, in Alabama, we have held: "`The......
  • Powell v. State
    • United States
    • Alabama Court of Criminal Appeals
    • April 27, 2001
    ...by chemical or scientific means"; the testimony of "an experienced law enforcement officer" is sufficient); State v. Raulerson, 403 So.2d 1102, 1103 (Fla.Dist.Ct.App.1981) ("it is not necessary for the state to prove the identity of contraband as marijuana by chemical or scientific proof").......
  • R.C. v. State
    • United States
    • Florida District Court of Appeals
    • May 25, 2016
    ...experience in identifying marijuana to express an opinion on the nature of the substance at issue in the case); State v. Raulerson, 403 So.2d 1102, 1103 (Fla. 5th DCA 1981) (“[I]t is not necessary for the State to prove the identity of contraband as marijuana by chemical or scientific proof......
  • Sinclair v. State
    • United States
    • Florida District Court of Appeals
    • September 3, 2008
    ...(permitting a police officer with "substantial experience in narcotics investigation" to identify marijuana); State v. Raulerson, 403 So.2d 1102, 1103 (Fla. 5th DCA 1981) (allowing an individual who never before had contact with marijuana to identify its odor again from an assembled group o......
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