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Campbell v. State

Florida Court of Appeals, Second District

June 8, 2018



          Appeal from the Circuit Court for Lee County; Joseph C. Fuller, Jr., Judge.

          Deana K. Marshall of Law Office of Deana K. Marshall, P.A., Riverview, for Appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.

          BLACK, JUDGE.

         Takendrick Campbell appeals from the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part; our reversal in part requires that Campbell receive a new trial on the charges of trafficking in illegal drugs, trafficking in cocaine, and possession of a controlled substance. Accordingly, we address only the claims necessitating a new trial.

         I. The trial

         Campbell was charged with trafficking in illegal drugs (oxycodone), trafficking in cocaine, possession of a controlled substance (MDMA), and misdemeanor possession of marijuana. After declining a plea offer from the State, Campbell proceeded to trial.

         The State presented the testimony of the arresting officer and a crime lab analyst. As pertinent to our resolution of this appeal, the arresting officer testified at trial that on the day of Campbell's arrest the officer was part of a burglary suppression team and that during his patrol he noticed a man lying in the backseat of a vehicle parked in the driveway of a duplex. The officer testified that he approached the vehicle and made contact with the man, Campbell. He noticed that Campbell had what appeared to be a marijuana cigar in the brim of his hat. After the cigar field tested positive for marijuana, the officer arrested Campbell for possession of marijuana. He then searched the car prior to having it towed. During his search the officer found a container of cocaine and pills in the seatback pocket of the driver's seat; the pills were later determined to be oxycodone and MDMA. The officer determined that Campbell was the second person listed on the vehicle's title.

         At the close of the State's case, Campbell's counsel moved for judgment of acquittal, arguing that the State failed to prove Campbell's constructive possession of the cocaine, oxycodone, and MDMA. The court denied the motion, finding that no evidence had been presented that anyone but Campbell was or had been in the vehicle on the day of Campbell's arrest and that the State was therefore entitled to the inference that Campbell had knowledge of and control over the drugs. See State v. Odom, 862 So.2d 56, 59 (Fla. 2d DCA 2003) ("As the sole occupant and driver of the vehicle, Odom had exclusive possession of the vehicle creating an inference of his dominion and control over the contraband contained therein particularly since the contraband was found lodged between the driver's seat and the console of the car. Likewise, knowledge of the presence of the contraband . . . could be inferred or presumed because Odom was in exclusive possession of the automobile when it was stopped." (citation omitted)); see also Fla. Std. Jury Instr. (Crim.) 25.2 ("If you find that (defendant): . . . had exclusive control of the place where the substance was located, you may infer that [he] [she] was aware of the presence of the substance and had the power and intention to control it.").

         The defense presented no witnesses, and the trial proceeded to closing arguments. As she had done in opening statements, Campbell's counsel argued that Campbell's proximity to the drugs was not enough to convict him. Campbell's counsel argued, in part, that "[p]ossession of the car doesn't equal possession of the drugs." She argued that the State had to prove that Campbell knew the container was in the car and knew drugs were in the container: "[Y]ou can't guess those or infer those or assume those. [The State] has to prove it."

         Campbell was found guilty on all counts; he was sentenced to a mandatory 25 years in prison on the trafficking in oxycodone conviction, 10.79 years with a minimum mandatory of 3 years on the trafficking in cocaine conviction, 10.79 years on the possession of MDMA conviction, all to run concurrently with the 25-year sentence, and to time served in county jail on the marijuana possession conviction. Campbell's judgment and sentences were affirmed on direct appeal. Campbell v. State, 109 So.3d 792 (Fla. 2d DCA 2013) (table decision).

         II. The postconviction motion and hearing

         Campbell timely filed the present motion for postconviction relief, raising multiple claims of ineffective assistance of trial counsel. In support of his claims, Campbell attached affidavits from Floyd McKenzie and Campbell's mother, Elsie Campbell. Five of Campbell's claims were summarily denied by a nonfinal order rendered July 27, 2015, including Campbell's claim that his counsel misadvised him regarding a five-year plea deal offered by the State. The July order included the finding that "the trial ...

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