Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Haney v. State

Florida Court of Appeals, Second District

March 23, 2018

MICHAEL W. HANEY, Appellant,
v.
STATE OF FLORIDA, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

          Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Mark F. Carpanini, Judge.

          Michael W. Haney, pro se.

          PER CURIAM.

         Michael W. Haney appeals the order summarily denying his second amended motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. For the reasons explained below, we reverse those portions of the order that summarily deny grounds three and nine and affirm without comment the summary denial of the remaining grounds.

         Background

         A jury found Mr. Haney guilty of one count of possession of methamphetamine and one count of possession of drug paraphernalia. The trial court sentenced him to forty-four months' imprisonment and time served, respectively. Mr. Haney appealed his judgment and sentences, and this court affirmed. Haney v. State, 211 So.3d 1038 (Fla. 2d DCA 2016) (table decision).

         The limited postconviction record reflects that two members of the sheriff's crime suppression team concealed themselves in shrubbery, after midnight, on a dark street with the intent to stop those who provided cause and investigate possible criminal activity. They observed "multiple subjects moving out and about the road, " at least two of whom were crossing the road at a forty-five degree angle towards them. One deputy stepped out into the road to make contact with one of the subjects, Mr. Haney, whom he stopped for jaywalking. The deputy turned on his flashlight, announced his presence, provided the reason for stopping Mr. Haney, and asked to search Mr. Haney. Mr. Haney consented, and the deputy directed Mr. Haney to move to the side of the road where the deputy could safely conduct a search.

         The deputy testified that he used his flashlight to "check the ground" where he directed Mr. Haney and that he "didn't notice anything out of the ordinary. Didn't notice anything that would stand out." After searching Mr. Haney's pockets, the deputy asked if he could search Mr. Haney's shoes and socks. Mr. Haney consented. The deputy testified that the following occurred:

He sat down on the ground and I watched him all the way down to the ground watching until he sat down. And then he removed his boot. And when he removed his boot I could see on the ground a small clear plastic bag, and [he] immediately advised that it wasn't his.
Q. When you say you saw it on the ground describe to the jury in what proximity to the defendant was this bag?
A. I could not see it until he had moved his foot slightly when you try to put it down to take the other boot off. It was directly under his foot.

         While the first deputy stopped and searched Mr. Haney, the second deputy was, according to the first deputy, "making contact with" another man approximately fifteen feet away from where the first deputy either stopped or searched Mr. Haney.

         At the conclusion of the State's case, Mr. Haney's trial counsel moved for a judgment of acquittal, asserting that the State failed to prove that Mr. Haney had exclusive control over the road where the small bag containing methamphetamine was found or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.