Florida Supreme Court Prohibits Drugs From Being Comingled Prior to Testing

Defendant was convicted in the Circuit Court of trafficking in cocaine in amount more than 200 grams, but less than 400 grams. The District Court of Appeal, affirmed. The Florida Supreme Court in Greenwade v. State, 38 Fla. L. Weekly S717a (Fla. 2013) held that evidence did not establish quantity element of trafficking charge.

As officers executing a search warrant law enforcement found nine one-ounce baggies that contained a white powder. The trial court should have granted the motion for judgment of acquittal because the State commingled the contents of the nine individual baggies before chemically testing the aggregate. The court remanded this case to the district court with instructions to direct the trial court to reduce his conviction to simple possession and to resentence him accordingly.

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