Florida District Courts of Appeal, 1987

State v. Gilbert

Florida District Courts of Appeal · Decided April 9, 1987 · No. 86-1259 · Cobb, Orfinger, Sharp

507 So. 2d 637; 12 Fla. L. Weekly 963; 1987 Fla. App. LEXIS 7625 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

HECTOR ENRIQUE MOJICAPHIPPS vs STATE OF FLORIDA (Fla. Dist. Ct. App. 2022)
Brooks v. State (Fla. 2000)
Donado v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ORFINGER, Judge.

The trial court erred in holding that an experienced narcotics officer could not testify as to the weight of a bag containing cocaine which he had seen the defendant remove from his back, tear open and throw into a pond. An experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter. Madruga v. State, 434 So.2d 331 (Fla. 3d DCA 1983); Capo v. State, 406 So.2d 1242 (Fla. 1st DCA), pet. for rev. denied, 413 So.2d 875 (Fla. 1982). The proffered testimony would be sufficient to show the corpus delicti of trafficking in 400 grams or more of cocaine, so as to make defendant’s voluntary statement that he was carrying approximately one pound of cocaine admissible. See State v. Allen, 335 So.2d 823 (Fla. 1976). The trial court therefore erred in dismissing the trafficking charge.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

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