Davis v. State, 2012 Fla. App. LEXIS 12215

Palmer, J. affirms most convictions but reverses the conspiracy conviction for insufficiency of evidence.
Davis was charged with two counts of trafficking in cocaine and one count of conspiracy to traffic in cocaine.
Evidence showed Adams arranged with Moten to verify Davis had cocaine and provided Davis’s number to Adams.
Adams and Davis planned and completed two one-kilogram cocaine transactions on consecutive days; Adams later sold to a third party.
Jury convicted Davis of trafficking and conspiracy; conviction for conspiracy is reversed on appeal.
Court applies de novo standard for sufficiency of evidence and analyzes whether there was an express or implied agreement to commit the same criminal act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proves a conspiracy to traffic cocaine	Davis	Davis	Conspiracy conviction reversed; no agreement to commit same act shown

Green v. State, 999 So.2d 1098 (Fla. 5th DCA 2009) (elements require agreement and intent to commit the offense)
Schlicher v. State, 13 So.3d 515 (Fla. 4th DCA 2009) (buy-sell transactions do not show conspiracy without mutual agreement to purchase/possess)
O’Connor v. State, 590 So.2d 1018 (Fla. 5th DCA 1991) (anonymous supplier references insufficient to show conspiratorial agreement)
Pallin v. State, 965 So.2d 1226 (Fla. 1st DCA 2007) (conflicts with this court; multiplicity of buy-sell transactions alone not conspiracy)
Leigh v. State, 967 So.2d 1102 (Fla. 4th DCA 2007) (distinguishes cases where co-defendants are on same side; prior agreement required)
Rodriguez v. State, 719 So.2d 1215 (Fla. 2d DCA 1998) (agency of information sharing does not establish conspiracy absent agreed quantity/intent)
Williams v. State, 592 So.2d 737 (Fla. 1st DCA 1992) (agreement required for conspiracy; mere participation in communications not enough)
Pagan v. State, 830 So.2d 792 (Fla. 2002) (standard of review for sufficiency is de novo)