Baron Greenwade v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
BARON GREENWADE, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D10-4330
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed September 12, 2014.
An appeal from the Circuit Court for Duval County.
David M. Gooding, Judge.
Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public
Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Therese A. Savona, Assistant Attorney
General, Tallahassee, for Appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
In Greenwade v. State, 80 So. 3d 371 (Fla. 1st DCA 2012), we affirmed
Appellant’s conviction, after a guilty verdict, for trafficking in cocaine in an amount
more than 200 grams but less than 400 grams. The sole issue on appeal was whether
the trial court should have granted Appellant’s motion for judgment of acquittal on
the trafficking charge because the state combined the contents of nine small bags of
cocaine found in Appellant’s possession before lab testing and weighing the mixture
instead of lab testing each bag for cocaine before commingling and weighing their
contents. Because the State had field tested each bag, each tested positive for
cocaine, and there was other circumstantial evidence of cocaine trafficking, we held
there was sufficient evidence to sustain the trafficking conviction. We also certified
conflict with Ross v. State, 528 So. 2d 1237 (Fla. 3d DCA 1988), Safford v. State,
708 So. 2d 676 (Fla. 2d DCA 1998), and Sheridan v. State, 850 So. 2d 638 (Fla. 2d
DCA 2003).
Subsequently, in Greenwade v. State, 124 So. 3d 215 (Fla. 2013), the Florida
Supreme Court quashed our decision, and remanded with instructions that
Appellant’s conviction be reduced to simple possession and that he be resentenced
accordingly. Therefore, we reverse Appellant’s conviction and sentence for
trafficking in cocaine in an amount more than 200 grams but less than 400 grams,
reduce the conviction to possession of a controlled substance, see section
893.13(6)(a), Florida Statutes (2008), and remand to the trial court for resentencing.
REVERSED and REMANDED.
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WETHERELL, MARSTILLER, and SWANSON, JJ., CONCUR.
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