Hernandez v. State
56 So. 3d 752
Fla.2010Background
- Hernandez was charged with two counts of first-degree felony murder based on trafficking or attempted trafficking in cocaine (28+ grams) as the underlying felony.
- At trial, evidence included phone records, Rodriguez’s testimony about a box and fake cocaine, Hernandez’s pretrial statement admitting middleman involvement, and a jailhouse informant account.
- The defense moved for acquittal arguing insufficient proof of the 28-gram trafficking element; the court denied the motion and the jury convicted on both counts.
- The Third District affirmed, holding there was competent, substantial evidence that Hernandez intended to participate in a trafficking transaction of 28+ grams.
- This Court granted review to resolve whether the evidence sufficed to prove trafficking/attempted trafficking and whether remand for a lesser offense was appropriate.
- The Court vacates the first-degree felony murder convictions and remands with instructions to enter judgments for third-degree felony murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves trafficking/attempted trafficking of 28+ grams | Hernandez | Hernandez | Insufficient evidence to prove 28+ gram trafficking |
| Whether quantity can be proven by price or other proxies | Hernandez | Hernandez | Price alone not sufficient; no competent evidence of 28+ gram quantity |
| Whether conspiracy/attempts to traffic can be proven without actual cocaine | Hernandez | Hernandez | Intent and overt acts sufficient to prove attempt/conspiracy to traffic |
| Appropriate remedy for insufficient evidence on underlying felony | State | Hernandez | Remand with entry of third-degree felony murder judgments |
Key Cases Cited
- Williams v. State, 592 So.2d 737 (Fla. 1st DCA 1992) (insufficient evidence of trafficking quantity; ‘big deal’ alone not enough)
- Kocol v. State, 546 So.2d 1159 (Fla. 5th DCA 1989) (conspiracy/intent established despite sub-28 gram delivery)
- Spera v. State, 656 So.2d 550 (Fla. 2d DCA 1995) (conspiracy to traffic supported by prior agreement to deliver a full ounce)
- Brooks v. State, 762 So.2d 879 (Fla. 2000) (use of price as a proxy for quantity with corroborating testimony)
- Campbell v. State, 935 So.2d 614 (Fla. 3d DCA 2006) (attempt to traffic upheld where no actual cocaine existed)
- Brown v. State, 959 So.2d 146 (Fla. 2007) (standard for reviewing sufficiency; credibility reserved to trial court)
- Ross v. State, 528 So.2d 1237 (Fla. 3d DCA 1988) (permitting lesser included offense reductions when evidence insufficient for greater offense)
- United States v. Paulino, 996 F.2d 1541 (3d Cir. 1993) (courts may use financial indicators to estimate quantity in conspiracy cases)
- Hernandez v. State, 994 So.2d 488 (Fla. 3d DCA 2008) ( Third District’s analysis of trafficking quantity and sufficiency)
- Williams v. State, 592 So.2d 737 (Fla. 1st DCA 1992) (conflict jurisdiction basis discussed)