Opinion

Brown v. State

  • 13 Fla. L. Weekly 235
  • 519 So. 2d 1045
  • 1988 Fla. App. LEXIS 135
  • 1988 WL 2365
Court
District Court of Appeal of Florida
Filed
Jan 20, 1988
Status
Published
On the bench
Anstead, Gunther, Owen, William
Cited by
2 cases

The opinion

OPINION ON REHEARING

The appellant has correctly pointed out in his petition for rehearing that evidence of the two controlled purchases of cocaine by a confidential informant that led to the issuance of a search warrant of appellant’s home was not admitted in evidence against him at trial for the conviction now on review. Although the search warrant was admitted as an exhibit and an officer testified as to observing the appellant at the front door of his home on two previous days, there was no evidence presented of the two controlled buys which were transacted on those days.

Accordingly, in our analysis of the sufficiency of the evidence, we were not entitled to rely on the two prior buys as “substantial evidence of Brown’s prior dealings in drugs,” and we expressly acknowledge our mistake in that regard. In fact, the evidence presented to the jury of appellant’s drug dealings consisted of the evidence found in his bedroom: cocaine, cocaine residue, cocaine cutting agents, a triple beam scale with residue, a substantial amount of. cash in small denominations, tinfoil and tinfoil packets, and plastic bags with white residue. We continue to believe, however, that a jury issue was presented as to appellant’s possession of the drugs found in the dirty clothes hamper of the bathroom in the master bedroom occupied by appellant.

The petition for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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