July 26-July 30

2nd DCA
James Nicholas v. State of Florida-2D07-5400
This case involves the Defendant appealing the denial of his JOA on a Trafficking charge. The State proved up that the Defendant lived in a residence known as Cerro Circle, where a substantial amount of drugs had been cooked. The Defendant allegedly sold drugs to the residents of Morro Manor. During a search of Morro Manor, the police found large quantities of cocaine. Mr. Nicholas was not on the lease for Morro Manor and was not present during the search. Although evidence was elicited that Mr. Nicholas did sell drugs to the residents of Morro Manor, and Mr. Nicholas had a key to Morro Manor, the court finds that is not sufficient for constructive possession of the cocaine, and so the JOA as to the trafficking charge should have been granted.

4th DCA
Donnell Mickell v. State of Florida-4D08-3606 Judge Levin
If you are going to try to invoke the defense of necessity on a DWLS-HO, don’t lie to the cop about your name. Giving the officer a fake name and information belies the claim that you have someone in the car that you need to get to the hospital immediately. If that were the case, you would have told the officer the correct name and tried to get on your way as quickly as possible (so says the court). However, couldn’t it conversely be argued that the Defendant knew that he was DWLS-HO and that he knew if he gave his real name it would involve him getting arrested and possibly not being able to continue on to the hospital with his distressed passenger?? Just a thought.

Brittany Hanfield v. State of Florida-4D08-4072
The mere taking of car keys cannot amount to both carjacking and robbery as it violates double jeopardy.

State of Florida v. Jason Stone-4D10-795
Wow. If you are the State and you say ready and swear the jury, you better have your ducks in a row. Mr. Stone was charged with First Degree Murder and Attempted First Degree Murder. The arrests on those charges violated his probation. His defense first tried the substantive charges, but that resulted in a mistrial. The State then proceeded on the violation and Mr. Stone was found in violation. Mr. Stone appealed that finding. Somehow it seems that some of the exhibits were sent up to the 4th with the appeal on the VOP. The State sought to re-try Mr. Stone in January of 2010. The jury was selected and sworn, but on the day that the trial was to begin, the State sought to continue the case because they had realized that some of the exhibits were missing. The Judge was adamant that the trial begin that day. The State said that they could not proceed. The Judge said they at least needed to start the opening, but the State for some reason said that they could not. The Judge then declared that the State had rested. The Defense then moved for a JOA and the Judge granted it. The State now appeals the granting of the JOA. The Defense moves to strike the appeal on the grounds that the State is not entitled to appeal the granting of a JOA after a jury is sworn but before a verdict is rendered. The court agrees and rules that the State is not permitted to appeal the granting of the JOA because jeopardy had already attached. Mr. Stone can now not be retried for the murder.

5th DCA
Dennis Junior Francis v. State of Florida-5D08-4463
Double convictions for Possession of a Firearm by a Convicted Felon and Possession of Ammunition by a Convicted Felon pursuant to Florida Statute 790.23 violates double jeopardy based on the Grappin/Watts “a/any” test.