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507 So. 2d 637

507 So.2d 637

12 Fla.L.Weekly 963

State v. Gilbert

District Court of Appeal of Florida · decided 1987-04-09

Cited by 2 later decisions — most recently May 2000

2 state decisions

Key passage — most relied on by later courts

“[a]n experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter”

quoted by 1 later decision, including 762 So. 2d 879 - Brooks v. State

Relies on 413 So. 2d 872 - Carnavil v. Pines of Delray Ass'n · State v. Allen · 434 So. 2d 331 - Madruga v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-09

View the full empirical analysis of this case →

ORFINGER, Judge.

¶1The 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.

¶2REVERSED and REMANDED.

COBB and SHARP, JJ., concur.
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