.. Loading ..

The conviction for armed trafficking in methamphetamine was reversed, and the matter was remanded.

SMITH v. STATE OF FLORIDA

835 So. 2d 387 (Fla. 2nd DCA 2003). Defendant Smith appealed a judgment by the Circuit Court for Polk County (Florida) that, inter alia, denied her motion for acquittal and convicted her, inter alia, of armed trafficking in methamphetamine. Winter Haven Criminal Defense Attorney Brandon J. Rafool disagreed with the trial court’s denial of his motion for acquittal and his client’s conviction. Mr. Rafool then appealed the trial court’s denial and personally wrote all the briefs that resulted in the trial court’s reversal by the Second District Court of Appeal. Defendant Smith was stopped by a police officer, and two plastic baggies of suspected methamphetamine were seized. The officer performed a field test on the contents and then, without weighing either of the baggies, poured the contents of the two baggies into one large bag. The bag with the suspected drugs was sent to a laboratory for testing. The appellate court held that the subsequent combining of the two baggies by the officer created a mixture containing methamphetamine that weighed more than the 14 grams required for a trafficking charge. However, the only evidence as to the contents of each of the baggies prior to mixing was the field test. Furthermore, there was no evidence as to the weight of the contents of either baggie. Therefore, the State failed to prove that defendant was in possession of the requisite amount of methamphetamine to support the armed trafficking charge. The conviction for armed trafficking in methamphetamine was reversed, and the matter was remanded.