State v. Gilbert

District Court of Appeal of Florida

State v. Gilbert

507 So. 2d 637, 12 Fla. L. Weekly 963, 1987 Fla. App. LEXIS 7625

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 1987

DocketNo. 86-1259

StatusPublished

Cited by3 cases

This text of 507 So. 2d 637 (State v. Gilbert) 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

State v. Gilbert, 507 So. 2d 637, 12 Fla. L. Weekly 963, 1987 Fla. App. LEXIS 7625 (Fla. Ct. App. 1987).

Pincite

Opinion

ORFINGER, Judge.

The trial court erred in holding that an experienced narcotics officer could not testify as to the weight of a bag containing cocaine which he had seen the defendant remove from his back, tear open and throw into a pond. An experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter. Madruga v. State, 434 So.2d 331 (Fla. 3d DCA 1983); Capo v. State, 406 So.2d 1242 (Fla. 1st DCA), pet. for rev. denied, 413 So.2d 875 (Fla.1982). The proffered testimony would be sufficient to show the corpus delicti of trafficking in 400 grams or more of cocaine, so as to make defendant’s voluntary statement that he was carrying approximately one pound of cocaine admissible. See State v. Allen, 335 So.2d 823 (Fla.1976). The trial court therefore erred in dismissing the trafficking charge.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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ORFINGER, Judge.

The trial court erred in holding that an experienced narcotics officer could not testify as to the weight of a bag containing cocaine which he had seen the defendant remove from his back, tear open and throw into a pond. An experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter. Madruga v. State, 434 So.2d 331 (Fla. 3d DCA 1983); Capo v. State, 406 So.2d 1242 (Fla. 1st DCA), pet. for rev. denied, 413 So.2d 875 (Fla.1982). The proffered testimony would be sufficient to show the corpus delicti of trafficking in 400 grams or more of cocaine, so as to make defendant’s voluntary statement that he was carrying approximately one pound of cocaine admissible. See State v. Allen, 335 So.2d 823 (Fla.1976). The trial court therefore erred in dismissing the trafficking charge.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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Bluebook (online)

507 So. 2d 637, 12 Fla. L. Weekly 963, 1987 Fla. App. LEXIS 7625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gilbert-fladistctapp-1987.

Opinion

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