MICHAEL W. HANEY, Appellant,
STATE OF FLORIDA, Appellee.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
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.
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.
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).
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.
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.
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
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 ...