State v. Washington

114 So. 3d 182, 2012 WL 2400879, 2012 Fla. App. LEXIS 10401
District Court of Appeal of Florida·Decided June 27, 2012·No. No. 3D11-2244·Published·Cited by 16 cases

Opinion

ROTHENBERG, J.

On May 17, 2006, this Court issued its opinion in Taylor v. State, 929 So.2d 665 (Fla. 3d DCA 2006), review denied, 952 So.2d 1191 (Fla.2007), rejecting Taylor’s facial constitutional challenge to section 893.13, Florida Statutes (2003), as amended by section 893.101, Florida Statutes (2003). Nearly five years later, the trial court below dismissed criminal felony charges against thirty-nine defendants and issued a lengthy order attempting to justify its decision to ignore Taylor, as well as other binding decisions from the district courts of appeal in this state, and instead, to adopt a contrary, non-binding decision issued by a federal trial court judge. In reversing the order under review, we reject the trial court’s contention that the issues raised in the instant cases were not [184] previously raised and decided by this Court; reject the trial court’s conclusion that it was bound by the federal trial court’s decision; and agree with counsel for both the appellant and the appellees that the trial court’s analysis and reasoning is flawed.

PROCEDURAL HISTORY

Section 893.13 prohibits the unauthorized possession, purchase, sale, manufacture, or delivery of a controlled substance; and the possession with intent to purchase, sell, manufacture, or deliver a controlled substance. In 2002, in response to the Florida Supreme Court’s interpretation of the statute in Chicane v. State, 684 So.2d 736 (Fla.1996), and later in Scott v. State, 808 So.2d 166 (Fla.2002), in which it held that knowledge of the nature of the substance was an element of these drug offenses, the Florida legislature enacted section 893.101.

893.101 Legislative findings and intent.—
(1) The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 [808 So.2d 166] (Fla.2002) and Chicane v. State, 684 So.2d 736 (Fla.1996), holding that the state must prove that the defendant knew of the illicit nature of a controlled substance found in his or her actual or constructive possession, were contrary to legislative intent.
(2) The Legislature finds that knowledge of the illicit nature of a controlled substance is not an element of any offense under this chapter. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense to the offenses of this chapter.
(3) In those instances in which a defendant asserts the affirmative defense described in this section, the possession of a controlled substance, whether actual or constructive, shall give rise to a permissive presumption that the possessor knew of the illicit nature of the substance. It. is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection.

After the legislature’s clarification of its legislative intent, that knowledge of the nature of the substance is not an element of the offense, but rather an affirmative defense that may be raised by the defendant, constitutional due process challenges were raised and ultimately rejected by the appellate courts across the state. See e.g., Williams v. State, 45 So.3d 14 (Fla. 1st DCA 2010); Johnson v. State, 37 So.3d 975 (Fla. 1st DCA 2010); Harris v. State, 932 So.2d 551 (Fla. 1st DCA 2006); Taylor, 929 So.2d at 665; Tolbert v. State, 925 So.2d 1148 (Fla. 4th DCA 2006); Wright v. State, 920 So.2d 21 (Fla. 4th DCA 2005); Smith v. State, 901 So.2d 1000 (Fla. 4th DCA 2005), review denied, 928 So.2d S36 (Fla.2006); Burnette v. State, 901 So.2d 925 (Fla. 2d DCA 2005).

On July 27, 2011, a federal trial court judge issued a ruling in Shelton v. Department of Corrections, 802 F.Supp.2d 1289 (M.D.Fla.2011), finding that although lack of knowledge is an affirmative defense to the offenses in section 893.13, because the statute does not include knowledge of the illicit nature of the substance as an element of the offense, the statute creates strict liability crimes. Thus, the federal district court analyzed the statute’s constitutionality under the three-part test established in Staples v. United States, 511 U.S. 600, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), and concluded the statute violated federal constitutional due process.

Although the challenges raised by the thirty-nine defendants below were raised in Taylor and other cases decided across the state, the trial judge, who “presumed” [185] these cases were decided on state constitutional due process grounds, not federal constitutional due process grounds, concluded they were not binding on him. Instead, the trial judge concluded he was bound by the federal district court’s decision in Shelton. The record, however, reflects that the trial judge’s assumption was incorrect, and counsel for the defendants concedes on appeal that the only federal court whose decisions bind state courts is the United States Supreme Court. See State v. Dwyer, 332 So.2d 333, 335 (Fla.1976) (“A decision of a Federal District Court, while persuasive if well reasoned, is not by any means binding on the courts of the state.”); see also Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 11, 107 S.Ct. 1519, 95 L.Ed.2d 1 (1987) (“When federal courts interpret state statutes in a way that raises federal constitutional questions, ‘a constitutional determination is predicated on a reading of the statute that is not binding on state courts and may be discredited at any time.’ ”) (citation omitted); Zakrzewska v. New Sch., 574 F.3d 24, 27 (2d Cir.2009) (stating that “a decision from our Court is binding only within the federal courts of our Circuit”); Doe v. Pryor, 344 F.3d 1282, 1286 (11th Cir.2003) (“The only federal court whose decisions bind state courts is the United States Supreme Court.”); People v. Williams, 16 Cal.4th 153, 66 Cal.Rptr.2d 123, 940 P.2d 710, 736 (1997) (holding that decisions of lower federal courts interpreting federal law are not binding on state courts).

THE TRIAL COURT’S ORDER

A. The trial court’s failure to follow the law

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State v. Washington, 114 So. 3d 182, 2012 WL 2400879, 2012 Fla. App. LEXIS 10401 (Fla. Ct. App. 2012).

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