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Garcia v. State4/21/2005
hat permitted the jury to infer or assume knowledge of the presence of the methamphetamine based on exclusive possession. The trial court overruled the objection, rejected Garcia's proposed special instructions, and read the standard instructions on trafficking. In listing the elements of trafficking, the trial court instructed the jury that "the defendant's knowledge 'that the substance was methamphetamine or a mixture containing methamphetamine' was a material element of the offense of trafficking." Id. at 764 (emphasis added). The trial court also instructed the jury concerning actual and constructive possession and stated as follows:
If a thing is in a place over which the person does not have control, in order to establish constructive possession, the State must prove the person has control over the thing, knowledge of the thing which was in the person's presence, and the knowledge of the illicit nature of the thing.
Id. at 765 (alteration in original). The trial court then gave an instruction on the elements of the lesser included offense of simple possession. That instruction omitted any reference to the requirement that the defendant have knowledge of the illicit nature of the substance. However, the trial court did state that the prior instruction regarding the "definition of possession . . . applies to the lesser charge as it did to the greater charge." Id. at 765. Garcia did not object to the failure to include the element of "knowledge of the illicit nature of the substance" in the jury instruction on the lesser included offense of possession.
During deliberations, the jury submitted a question to the court: "What is the difference between trafficking and possession of methamphetamine?" The court then reread the instructions on possession and trafficking, but not the instructions concerning actual and constructive possession. The jury acquitted Garcia of trafficking but found him guilty of the lesser included offense of possession. Garcia renewed his motion for judgment of acquittal and moved for a new trial. Both motions were denied.
Garcia raised several claims on appeal. The district court summarily denied all but the following two claims: (1) the trial court erred when it denied Garcia's motion for judgment of acquittal based on his contention that there was insufficient evidence to establish knowledge of the illicit nature of the substance, and (2) the trial court erred in giving a jury instruction on the lesser included offense of possession that did not include the "knowledge of the illicit nature of the substance" element, i.e, the "guilty knowledge element."
The district court held that the illicit nature of the substance is an indisputable element of the crime of drug possession pursuant to Chicone v. State, 684 So. 2d 736, 737 (Fla. 1996) (holding that guilty knowledge is an element of possession of a controlled substance and possession of drug paraphernalia). The district court rejected the State's argument that the holding in Chicone was superseded by section 893.101, Florida Statutes (2002). That statute provides that knowledge of the illicit nature of a controlled substance is not an element of drug offenses, but lack of knowledge is an affirmative defense. The statute became law after Garcia committed the offense in this case. The district court then concluded that the instruction given was clearly inadequate and erroneous. However, the court also found that Garcia did not request an instruction concerning guilty knowledge with regard to the possession offense, nor did he object to the trial court's failure to give such an instruction. The error was not preserved, and the district court found that it was not fundamental. On this
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