5D08-3926 Michael Harris v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3926

Case Date: 05/31/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

MICHAEL CARL HARRIS, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 4, 2010 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge. James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Michael Carl Harris appeals his judgment and sentence for delivery of cocaine. He argues that the State failed to prove the element of knowledge. We affirm. When person #1 asks person #2 for crack cocaine, person #2 directs person #3 to hand over a substance, and person #3 hands over a substance that later tests positive for cocaine, the reasonable inference is that person #2 had knowledge that the substance was cocaine, especially if person #2 asks person #1 if they are with the police and thereafter flees upon arrival of law enforcement. AFFIRMED. GRIFFIN, ORFINGER and COHEN, JJ., concur. Case No. 5D08-3926

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