634 SO2D 1153 - Hayes v. State

How this case has been cited

Cited by 14 later decisions — most recently December 2014

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *1154 Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Ettie Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We affirm appellant's convictions and reject appellant's claim that the proof was insufficient to sustain his conviction for tampering with evidence under section 918.13, Florida Statutes (1993). The proof presented at trial, including testimony that appellant, while being pursued by a police officer attempting to arrest him, pulled a "baggie" containing crack cocaine out of his pants and dropped it into a drainage outlet, was sufficient to sustain the conviction. See McKenzie v. State,632 So.2d 276 (Fla. 4th DCA 1994). Interestingly enough, the wet "baggie" was retrieved from the drainage system and later used as evidence to help convict appellant of the charge of possession of cocaine.

¶5We do agree with appellant, however, that the trial court erred in assessing the attorney's fees of the prosecutor against him, and we remand with directions that those fees be stricken.

¶6ANSTEAD, HERSEY and FARMER, JJ., concur.