Greenwade v. State, 124 So. 3d 215 (Fla. 2013).
N/AOUTCOME: The Florida Supreme Court quashed the decision of the First District, remanded the case to the district court, and instructed the trial court to reduce the conviction to simple possession and resentence accordingly.
After trial, Client was convicted and sentenced for trafficking in cocaine. On appeal, we argued that the trial court should have granted Client's motion for judgment of acquittal with regard to the t ... rafficking conviction because the State commingled the contents of the nine individual baggies before chemically testing each baggie. The Florida Supreme Court agreed, and held that to satisfy the burden of proving that the evidence seized meets the statutory threshold for weight in trafficking prosecutions beyond a reasonable doubt, the State must prove through chemical testing that each individually wrapped packet of white powder seized contains at least a mixture of a controlled substance before the State may combine and weigh the commingled substance.
