Mosley v. State
100 So. 3d 1214
Fla. Dist. Ct. App.2012Background
- Mosley was arrested in October 2009 for trafficking in cocaine after a drug transaction with a confidential informant.
- Evidence at trial included a plastic bag containing two single-ounce baggies, each with suspected cocaine.
- A presumptive test on samples from each baggie tested positive for cocaine, then the baggies were combined for lab testing.
- A chemist tested the combined unit and weighed 55.3 grams, confirming cocaine content; each baggie also tested positive for cocaine individually.
- Defense moved for judgment of acquittal arguing the State failed to prove the requisite amount before commingling; the trial court denied, and Mosley was convicted of trafficking.
- The reviewing court analyzes the sufficiency of the evidence de novo and ultimately upholds the conviction, noting better practice is to test each bag before commingling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved the requisite weight for trafficking. | Mosley; weight未 ensured by testing only after commingling | Mosley; individual baggies not tested before combining | Yes; sufficient evidence of weight existed despite commingling. |
| Whether commingling invalidates weight proof under Sheridan/Safford. | State failed to test all packets before mixing per Sheridan | Aggregated weight acceptable given evidence of cocaine in each bag | State's aggregate weight supported trafficking fact pattern; better practice to test separately. |
| Whether testing each bag before commingling is required to sustain conviction. | Permissible to rely on aggregate testing when each bag contained cocaine | Recommends separate testing to avoid assumption of amount | Not required to prove trafficking here; evidence suffices. |
Key Cases Cited
- Sheridan v. State, 850 So.2d 638 (Fla. 2d DCA 2003) (reaffirmed need for testing individual packets before weighing when determining weight)
- Safford v. State, 708 So.2d 676 (Fla. 2d DCA 1998) (held chemist must test each packet before commingling)
- Ross v. State, 528 So.2d 1237 (Fla. 3d DCA 1988) (State must establish each packet contains cocaine or mixture meeting weight)
- Smith v. State, 835 So.2d 387 (Fla. 2d DCA 2003) (field tests alone do not establish prima facie trafficking)