Dix v. State

196 So. 3d 547, 2016 Fla. App. LEXIS 11429, 2016 WL 4016161
CourtDistrict Court of Appeal of Florida
DecidedJuly 27, 2016
DocketNo. 4D14-1556
StatusPublished
Cited by1 cases

This text of 196 So. 3d 547 (Dix v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dix v. State, 196 So. 3d 547, 2016 Fla. App. LEXIS 11429, 2016 WL 4016161 (Fla. Ct. App. 2016).

Opinion

CORRECTED OPINION

MAY, J.

The defendant appeals his conviction for trafficking 200 to 400 grams of cocaine, possession of less than twenty grams of marijuana, and possession of paraphernalia (use). He argues the trial court erred in excluding the co-defendant’s statement, failing to sever the trial of his codefendant, and instracting the jury on willful blindness. We agree that the trial court erred in these three decisions. We reverse and remand for a new trial.

The State charged the defendant with: (1) trafficking in cocaine, 200 to 400 grams; (2) possession of oxycodone; (3) possession of schedule IV substance, Clonazepam; (4) possession of marijuana, less than twenty grams; (5) possession of paraphernalia (production); and' (6) possession of paraphernalia (use). The case proceeded to a jury trial where the following evidence relevant to the issues on appeal was introduced.

A DEA agent testified he was conducting surveillance on a target’s residence. The subject of the surveillance and his girlfriend lived at the location. Earlier that morning, they were being observed at a probation office.

Later that morning, the agent observed the defendant and co-defendant drive by in a pick-up track at a high rate of speed and arrive at the target’s residence. A deputy watched the defendant and co-defendant go into the residence. Soon after, they exited the residence with the co-defendant carrying a black and red backpack. They got back into the truck and left. The deputy followed them.

When the truck turned into a storage facility, the deputy was unable to follow, so he advised two other agents that the truck had committed traffic and equipment violations. The track stopped in front of two storage units that the agents had been watching.

One of the agents approached the truck, and walked toward the driver’s side. The defendant was standing outside near the back of the truck. The agent observed the defendant drop something and move toward the ground. He ordered the defendant to get on the ground and took him into custody.

Another agent approached the co-defendant passenger. He then saw the co-defendant turn his body away from him and put his hand into his pocket. He asked the co-defendant to show his hands, saw him pull a cell phone out of his pocket, and then placed him in handcuffs.

The agent smelled marijuana, looked in the track, and saw a black and red backpack that was partially open with the top of a plastic bag poking out of it. Both agents saw a crack pipe, a black kitchen plate, a bag of marijuana, and an open container of alcohol in the track. The defendant and co-defendant were read their Miranda rights.

The agent removed the backpack from the floor of the passenger side of the truck and found a bag containing around 237.96 grams of cocaine in the first zippered pocket. In another zippered pocket, he found a cigar box that contained $6,713 in cash. The box also contained prescription medication patches for Suboxone, loose marijuana, a “white rocklike substance,” and multiple pills.

The backpack also contained the defendant’s business cards along with other legal documents that contained his name. A digital scale with white residue on it, un[551]*551used sandwich bags, a plastic container with rubber bands, a green notebook, and a photograph of the defendant with other adults and children in it were also found in the backpack.

• A senior forensic scientist confirmed the various drugs found and their amounts. •No DNA or .fingerprint testing was performed on the cocaine packaging. A duffel bag belonging to the target was found in the truck. '

The storage units were searched and household items, a stolen vehicle, and some other drug paraphernalia were recovered. Neither storage unit was registered in the defendant’s name. No one weighed the cocaine at the scene, but the DEA agent estimated the amount based on his observation. He testified that he may have said something to the defendant and/or co-defendant about its weight.

The defendant and co-defendant were placed in the back of a police vehicle driven by a transport officer. A taped video conversation made in the transport vehicle was introduced into evidence over objection. The following exchange took place in the transport vehicle.

Defendant: Right. We didn’t do anything wrong. We will be alright.
Defendant: He told you what they found in the bag, right?
Co-Defendant: No.
Defendant: How much....
Co-Defendant: No, they didn’t tell me anything_
Defendant: 200 something ... pieces of coke.
Co-Defendant: Are you serious?
Defendant: A ... quarter key of....
Co-Defendant: Holy s-t.
Defendant: They want somebody to take a ... hit for it ... It ain’t my s-t_I was told to move s-t, that’s it.
Co-Defendant: 200 ... grams?
Defendant: Something like that.
Co-Defendant: [WJe’re ... and it’s in your truck.
Defendant: It’s in my truck, yeah.

The co-defendant stated that while the police kept pressing him to tell the truth, he could not answer them because he did not know anything.

The State also introduced jail calls of both the defendant and co-defendant. When speaking with a female, the defendant stated:

If this s-t is in my possession and you know it just happened to be in a bag that I was moving, you know and it was all legit_We got stopped at the storage unit. The storage units are full of all his s-t. You know, they know what they were looking for that day. And this just happened to be in my possession át the time because I’m moving.... I’m moving the whole ... • house. It wasn’t like I just had that bag on me and all of the sudden that was'it. You know, I just happened to be on the road. No. I’m actually at a storage' unit with the bag in my car. "

During the co-defendant’s call to his father, he stated:

I get a phone call from his girlfriend telling me to go to the house to get everything, something’s up. I go to the house. Añd I grabbed a few bags they tell me to grab. I don’t know what’s in them. Put them into the truck. We go to the storage unit. One of the storage units in my name. Make a long story short, the undercover — they go straight for me and then they find out what’s in the bag;... And then I find out what’s in the bag. And then now, I’m getting hit with all these charges.

On a call to his brother, the co-defendant explained that “they came to the house [552]*552looking for- everything. And I had just left the house.” The co-defendant explained that the target’s girlfriend told him that everybody was contained at the house, which was being raided. She told him to “get the rest of the bags out of the room.”

The jury found the defendant guilty of trafficking 200 to 400 grams of cocaine, possession of less than twenty grams of marijuana,' and possession of paraphernalia (use). He was found not guilty of the remaining charges. The defendant moved for a new trial and for an arrest of judgment; the trial court denied the motions.

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Related

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198 So. 3d 905 (District Court of Appeal of Florida, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
196 So. 3d 547, 2016 Fla. App. LEXIS 11429, 2016 WL 4016161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dix-v-state-fladistctapp-2016.