5D09-3997 State v. Derrick Odom

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-3997

Case Date: 01/24/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

STATE OF FLORIDA, Appellant, v. DERRICK M. ODOM, Appellee. ________________________________/ Opinion filed January 28, 2011 Appeal from the Circuit Court for Lake County, Richard S. Singeltary, Judge. Pamela Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellee. EVANDER, J. The State appeals from an order granting Derrick Odom's post-verdict motion for judgment of acquittal on the charge of trafficking in methamphetamine. We have Case No. 5D09-3997

jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(E)(State may appeal order granting motion for judgment of acquittal after jury verdict). Because the State presented sufficient evidence to support the jury verdict, we reverse.

Odom was charged with, inter alia, manufacturing of methamphetamine,1 possession of drug paraphernalia,2 and trafficking in methamphetamine.3 Three codefendants were also charged with manufacturing of methamphetamine and trafficking in methamphetamine. However, they entered into plea agreements with the State and subsequently testified at Odom's trial. The evidence, taken in the light most favorable to the State, reflects that at approximately 5:30 p.m. on September 12, 2008, detectives began conducting surveillance of Odom's residence, a single-wide trailer. Two of the co-defendants were observed entering the trailer at approximately 10:00 p.m. About an hour later, Odom arrived in a pick-up truck and entered the residence. Odom was later observed carrying large boards out to the truck, backing the truck over the boards, and then re-entering the trailer. Around midnight, a marked deputy's vehicle was brought to the scene because the detectives decided to conduct a "knock and talk." The smell of acetone (a chemical used in the manufacture of methamphetamine) could be detected seven to ten feet from the trailer. When an officer knocked on the front door, Odom exited the back door. After being stopped, Odom advised a deputy that three children were in the residence. Deputies went into the residence and observed the three co-defendants -- one of whom was attempting to pour a liquid from a Mason jar down the kitchen sink. The deputies directed the co-defendant to cease from any effort to dispose the liquid, and then
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