Celeste v. State
2012 Fla. App. LEXIS 2451
Fla. Dist. Ct. App.2012Background
- Celeste was convicted of trafficking in oxycodone after charges of possession-related offenses were dismissed.
- The State proceeded to trial on a single trafficking charge.
- Deputy Jenny observed Celeste on a bicycle at night without lights and requested a stop.
- A pill container with 28 oxycodone tablets was found; Celeste claimed a prescription but could not produce it at the time.
- Celeste had $260 in cash, additional oxycodone pills, and a list of names on his person; he claimed a valid prescription supported by pharmacy evidence.
- The trial court denied acquittal motions; the jury convicted Celeste, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved possession with intent to sell or sale/delivery of oxycodone beyond reasonable doubt. | Celeste. | State. | State failed to prove sale/delivery; acquittal required. |
Key Cases Cited
- Pagan v. State, 830 So.2d 792 (Fla.2002) (de novo review of judgment of acquittal; rational-trier-of-fact standard applied)
- Baugh v. State, 961 So.2d 198 (Fla.2007) (judgment of acquittal when not all elements proven beyond reasonable doubt)
- McHolder v. State, 917 So.2d 1043 (Fla.5th DCA 2006) (standard for sufficiency; circumstantial evidence)
- Banks v. State, 732 So.2d 1065 (Fla.1999) (jury must find all elements beyond reasonable doubt; evidence viewed in state's favor)
- State v. Law, 559 So.2d 187 (Fla.1989) (circumstantial-evidence rule for judgments of acquittal)
- Latona, 75 So.3d 394 (Fla.5th DCA 2011) (possession exception: valid prescription permits possession of controlled substances)