Drug Summary

COMMUNITY CONTROL VIOLATION RESOLVED Charge: VOCC
Dispostion: 90-day jail term
Date: 01/22/07
Case: State v. RAM SLC 06-CF-1037
Note: RAM was approached by a special investigations unit (SIU) detective about information that he had possession of cannabis in the garage. RAM gave permission to the detective to search the garage during which nothing was found. At the detective's further request, RAM gave permission to search the remainder of the home. Unfortunately, the ensuing search uncovered approximately 365 grams of marijuana and a scale. At all times during the search, RAM was cooperative.

At sentencing on September 27, 2006, St. Lucie County Circuit Judge James W. McCann took the defendant's cooperative behavior into account, as well as his honorable military service, employment and other circumstances, and imposed a 2-year term of community control followed by one year of drug offender probation.

Judge McCann was required to revoke RAM's driver's license because of the drug conviction. However, Judge McCann simultaneously issued an order requiring issuance of a hardship license: "Department of Motor Vehicles shall issue a business purposes only permit...immediately upon commencement of revocation."

RAM subsequently went to DMV to secure the restricted license required under Judge McCann's order. Unfortunately, DMV would not issue the license in that fashion - even though RAM's license was not suspended for any other reason. DMV required RAM to first complete a drug awareness program. RAM immediately enrolled in the appropriate program.

RAM was a long-time employee of a marine construction company. He was so employed on November 4, 2006, when he was cited for DWLS while driving his employer's work truck and trailer. The police officer was kind enough to issue a notice to appear instead of taking RAM to jail. RAM dutifully reported the situation to his community control officer who was required to initiate a violation of community control (VOCC) process.

Judge McCann subsequently released RAM on a reasonable bond. The primary issue in the VOCC proceeding was whether the DWLS was "with knowledge". RAM was caught between the order directing DMV to issue a restricted license and DMV's refusal to do so.

The matter was resolved satisfactorily to all parties by defendant's admission to the VOCC on January 22, 2007. At that time, he was sentenced to 90 days in jail with credit for time served. His probation was revoked and terminated. Although he had to serve the 90-day jail term, RAM was happy to avoid the difficult restrictions imposed by community control.

Note: PVS was arrested on September 30, 2006, for possession under 20 grams of cannabis by the Port St. Lucie Police Department. PVS was driving his brother's car at the time of the vehicle stop. There was a passenger in the passenger seat. Both denied knowledge of the bag containing a "green leafy substance" found on the floor. Attorney Garland announced ready for trial on January 14, 2007, at which time the State announced a nolle prosequi (dropped the case).

Comment: The State cannot successfully prosecute any person in a car where contraband is found as long as 1) more than one person is in the vehicle, and 2) no other evidence connects an occupant to the contraband. There is no presumption of knowledge or ability to control the contraband just because of proximity.

Trafficking in Morphine 28g or more
Charge: Trafficking in morphine 28g or more; possession of drug paraphernalia
Dispostion: Nolle Prosequi
Date: 07/10/06
Case: State v. R.L.G. SLC 05-CF-3171

Possession of Cocaine
Charge: Possession of cocaine,possess of under 20g cannabis,possession of drug paraphernalia presently on appeal
Dispostion: Jury found not guilty ofthe cocaine and cannabis charges; guilty of the paraphernalia charge
Date:05/02/06
CaseState v. C.H. SLC 05-CF-2966

Trafficking in Hydrocodone
Charge: Trafficking in hydrocodone, possession of under 20g cannabis
Dispostion: Post-conviction relief granted on 08/16/05; 15 year minimum mandatory plus 1 year consecutive sentences set aside; case returned to trial docket
Date: 08/16/05
Case: State v. B.E. SLC 05-CF-857

Possession of MDMA (Ecstasy)
Charge: Possession of MDMA (ecstasy)
Dispostion: Drug PTI
Date: 02/24/00
SCase: State v. R.R. MC 00-CF-39

Possession of Cocaine; Possession of Drug Paraphernalia
Charge: Possession of cocaine; possession of drug paraphernalia
Dispostion: Nolle Prosequi
Date: 02/04/00
Case: State v. L.A.G. SLC 99-CF-2280

Possession of Cocaine, Possession of Heroin
Charge: Possession of cocaine, possession of heroin
Dispostion: No Information
Date: 09/21/99
Case: State v. B.G. SLC 99-CF-2890

Possession of Cocaine
Charge: Possession of Cocaine
Dispostion: Drug PTI
Date: 07/19/99
State v. C.P. SLC 99-CF-1338B

Disorderly Intoxication
Charge: Disorderly Intoxication
Dispostion: No Information
Date: 01/25/99
Case: State v. J.K.C. SLC 98-MM-5491

Possession of Cocaine and Destruction of Evidence Destruction of Evidence
Charge One: Possession of Cocaine
Dispostion: Jury found not guilty
Charge Two: Destruction of evidence destruction of evidence
Dispostion: Jury found guilty oflesser charge of attempted
Date: 11/30/86
Case: State v. H.J. SLC 85-CF-1768

Sale of Cannabis
Charge One: Sale of Cannabis
Dispostion: Jury found guilty
Charge Two: Dispostion: Jury found not guilty
Date: 11/14/81
Case: State v. J.O.R. SLC 81-CF-380

Note: Conviction was reversed on appeal and later nolle prosequied. J.O.R. v. State, 423 So.2d 1017 (Fla. 4th DCA 1982).