Sierra v. State

746 So.2d 1250 (1999)

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Nature of the Case

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Facts

Deputy Kish was patrolling when a white Nissan Maxima caught her attention; the businesses in the area were closed at that time of night, yet the Maxima slowed and made a right turn into a business/warehouse complex. There had been some burglaries in that area, and she felt that no one should have been in that business complex at that time of night. Kish made a U-turn and pulled into the complex where the Maxima had gone. She discovered the Maxima parked next to the complex. No one was in the Maxima, but the driver's side window was down, the keys were in the ignition, the stereo was playing, and the hood was warm. She saw an orange garage door coming down, concealing a pair of feet entering one of the warehouses. Backup arrived and at the front of the building, Kish saw D standing 3-4 feet from the entrance of the L & C Detail Shop. D started walking away. Kish asked D to approach her, which he did. Another officer, thinking he heard sounds emanating from the building, was able to raise the garage door and sent a K-9 unit in to investigate. Kish entered the building from the front door and went to the rear, where she observed a black nylon duffel bag. D was searched, and while he carried $ 1195 in cash, no drugs were found on his person. No drugs were found in the Maxima, although Ds fingerprints were found in the car, along with other prints which were not his. No one was found in the building. The K-9 unit alerted on a refrigerator, and when it was opened, a deputy found a clear plastic bag with a white substance in it, which later tested to be cocaine. After a search warrant had been obtained, another plastic bag containing what later proved to be cocaine was found behind a couch cushion. No fingerprints were detected on the refrigerator, nor were any of D's prints found on the bags which contained the cocaine. His prints were found on a plastic measuring cup and on an empty roll of baggies, both of which were found in the duffel bag. At trial, after the state rested, D offered no evidence and moved for a judgment of acquittal, which was denied. D was convicted of trafficking cocaine and possession of drug paraphernalia. D appealed.