[Copyrighted Material Omitted]
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Marina Garcia-Wood, Judge; L.T. Case No.
Moody, Attorney General, Tallahassee, and Kimberly T.
Acuña, Assistant Attorney General, West Palm Beach,
Haughwout, Public Defender, and David John McPherrin,
Assistant Public Defender, West Palm Beach, for appellee.
State appeals from a post-verdict judgment of acquittal. In
response, Appellee Jamaal Pickersgill argues that this court
lacks jurisdiction to consider the appeal. We disagree; we
have jurisdiction. We further find the State presented
competent substantial evidence to support the jurys verdict
on all counts. Accordingly, we reverse.
State proceeded to trial against Pickersgill on charges of:
(1) possession of tetrahydrocannabinols ("THC");
(2) possession of cannabis with intent to deliver/sell; and
(3) resisting a police officer without violence. The trial
evidence, taken in the light most favorable to the State,
recounts the following events took place on the date of
Springs Police Officers Monzon and Gomez stopped the car in
which Pickersgill was a passenger for making an abrupt U-turn
in front of their vehicle (which caused Officer Monzon to
slam on the brakes of the patrol car), and because the cars
driver and front passenger (Pickersgill) were not wearing
seatbelts. Pickersgill exited the passenger side of the car
and, ignoring Officer Gomezs command to get back in the car,
took off running. Officer Gomez chased Pickersgill for about
forty yards until Pickersgill stopped. After taking
Pickersgill into custody, the officers detected an odor of
marijuana coming from the stopped car. Officer Monzon
testified: "I wasnt even near the car and you could
smell it. As soon as you open[ed] the door, it hit you like a
ton of bricks."
officers called for a K-9 unit, and the K-9 alerted to both
rear doors of the vehicle and to the glove compartment.
Seventy-two pre-rolled marijuana cigarettes
("blunts") and four bags of a green leafy substance
were found in a backpack in the backseat, directly behind
Pickersgills seat. A wax substance was found in the glove
compartment, directly in front of Pickersgills seat.
marijuana cigarettes were packaged in individual tubes and
marked with a sticker that read, "RX package in
compliance with state and local laws and regulations."
One of these cigarettes field tested positive for
marijuana. A sample from each bag containing the green leafy
substance was also field tested and all of the samples tested
positive for marijuana. Later forensic tests confirmed that
the wax substance recovered from the glove compartment
Monzon testified that Pickersgill voluntarily stated at the
scene that the narcotics were his and, after being read his
Miranda  rights, he then reiterated that
"[e]verything in the vehicle" was his. Officer
Gomez also testified that Pickersgill "was Mirandized on
scene," waived his Miranda rights, and
"took ownership" of the backpack, confessing that
he was going to sell the marijuana. The officers did not
obtain a written waiver of Miranda rights or record
Pickersgills statements at the scene.
officers testified that Pickersgill made further admissions
after arriving at the police station. Officer Monzon noted
that, while he was reminding Pickersgill of his
Miranda rights, Pickersgill interjected before the
officer could finish and again stated, "[e]verything in
the car is mine." Officer Gomez also testified that, at
the station, Pickersgill said "everything was his."
According to Officer Monzon, the recording of Pickersgills
statements at the police station was erased before Monzon
requested it. Monzon did not know that the recording would
not be preserved.
Grier, the driver of the car, was also taken into custody. He
told police that he was helping Pickersgill "sell the
narcotics in the vehicle." He was released at the time,
having agreed to act as a confidential informant.
the State rested its case, Pickersgill moved for a judgment
of acquittal on all ...