final until disposition of timely filed motion for rehearing.
of order denying rule 3.850 motion from the Circuit Court for
the Seventeenth Judicial Circuit, Broward County; Andrew L.
Siegel, Judge; L.T. Case No. 09-21533CF10A.
| Wagner, and Jordan R. Wagner, Stuart, for appellant.
Moody, Attorney General, Tallahassee, and Luke R. Napodano,
Assistant Attorney General, West Palm Beach, for appellee.
Joshua appeals the summary denial of his motion for
postconviction relief, which was premised on claims of
newly-discovered evidence and ineffective assistance of trial
counsel. For the reasons that follow, we find no error in the
trial court's summary denial and affirm.
AND PROCEDURAL BACKGROUND
salient facts of this case are set forth in detail in our
prior opinion affirming in part and reversing in part
following Joshua's trial, conviction and sentence on the
charges of trafficking in methamphetamine (crystal meth) and
trafficking in methylenedioxymethamphetamine (ecstasy).
See Joshua v. State, 205 So.3d 851 (Fla. 4th DCA
2016). Nevertheless, we reproduce some of the
background facts to place into proper context Joshua's
postconviction claims and our analysis of those claims:
On November 22, 2009, Detective Thomas Reed of the Fort
Lauderdale Police Department received a phone call from
attorney Michael Leader. In that conversation, attorney
Leader told Detective Reed that he had information from a
client (who was incarcerated in the Broward County Jail),
that a package containing methamphetamine ("crystal
meth") was going to be delivered via Federal Express
("FedEx") to a person named Robert Joshua, at a
specific street address in Fort Lauderdale ("Fort
Lauderdale home"). Detective Reed asked attorney Leader
to obtain additional details. Leader then obtained those
additional details and called Detective Reed back, this time
providing the FedEx tracking number for the package. However,
at no time did attorney Leader provide Detective Reed with
the name of the client from whom attorney Leader received
Acting on this tip, K-9 Deputy Julie Foster and her certified
drug detection canine (K-9 Kim) were dispatched to the FedEx
facility in Fort Lauderdale to locate the package with the
identified tracking number. Once the package was located,
Deputy Foster placed it next to three other randomly-selected
packages, and the drug detection dog alerted to the package
with the identified tracking number, signifying the presence
of narcotics. The package was seized and a search warrant was
obtained. Pursuant to the warrant, the police opened the
package, which contained 28.4 grams of crystal meth.
Detective Reed then prepared an affidavit and application for
an anticipatory search warrant for the Fort Lauderdale home.
The affidavit indicated Detective Reed would attempt to
deliver the package at the Fort Lauderdale home and, if the
package was accepted by someone within the premises, he would
execute the search warrant to retrieve the crystal meth,
conduct a narcotics investigation and effectuate an arrest if
appropriate. In this affidavit, Detective Reed indicated that
the information concerning the package had been obtained from
"a documented confidential informant with the Ft.
Lauderdale Police Department" who "has provided
information in past investigations and has proven to be
trustworthy and reliable."
The anticipatory search warrant was issued on November 24,
2009, and on that same day an undercover police officer,
dressed as a FedEx delivery person, knocked on the door at
the Fort Lauderdale home with the re-sealed package
containing crystal meth. Joshua opened the door and took the
package. Detective Reed and other officers then waited
approximately fifteen to twenty minutes before knocking on
the door again. Joshua opened the door and told Detective
Reed "it's in the safe I knew you were coming."
Joshua then opened the safe located in his master bedroom
closet, where the 28.4 grams of crystal meth were found. The
FedEx packaging, in which the crystal meth had been
delivered, was found in a trash can in the bedroom. Police
also seized $78, 376 found in the safe.
During the execution of the warrant, police observed, in
plain view on top of the bedroom dresser, fifty-two
methylenedioxymethamphetamine ("MDMA" or
"ecstasy") pills, which were seized along with the
crystal meth. According to Detective Reed, Joshua admitted to
selling ecstasy, but denied that he ordered the crystal meth
or that he was expecting its delivery. Joshua was arrested
and charged with trafficking in crystal meth (Count ...