Florida District Courts of Appeal, 2010

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided June 4, 2010 · Cohen, Griffin, Orfinger
36 So. 3d 882; 2010 Fla. App. LEXIS 7713; 2010 WL 2217237 (Southern Reporter, Third Series)

Harris v. State

Opinion of the Court

PER CURIAM.

Michael Carl Harris appeals his judgment and sentence for delivery of cocaine. He argues that the State failed to prove the element of knowledge. We affirm. When person # 1 asks person # 2 for crack cocaine, person # 2 directs person # 3 to hand over a substance, and person # 3 hands over a substance that later tests *883positive for cocaine, the reasonable inference is that person # 2 had knowledge that the substance was cocaine, especially if person # 2 asks person # 1 if they are with the police and thereafter flees upon arrival of law enforcement.

AFFIRMED.

GRIFFIN, ORFINGER and COHEN, JJ., concur.

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