(DOWNLOAD) "Anderson v. State" by State of Florida In the District Court of Appeal First District # eBook PDF Kindle ePub Free
eBook details
- Title: Anderson v. State
- Author : State of Florida In the District Court of Appeal First District
- Release Date : January 12, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Appellant was charged by a one-count information with tampering with evidence in violation of section 918.13(1)(a), Florida Statutes (2007). Following a trial, the jury returned a verdict of guilty of attempted tampering with evidence. For purposes of this case, the elements of the offense of tampering with evidence are that (1) "knowing that . . . an investigation by a . . . law enforcement agency . . . is pending or is about to be instituted," (2) appellant "destroy[ed], conceal[ed], or remove[ed] any . . . thing with the purpose to impair its . . . availability in such . . . investigation." See § 918.13(1)(a), Fla. Stat. Viewed in a light most favorable to the State, the evidence established that a uniformed officer of the City of Pensacola Police Department came upon appellant in a public restroom sometime between two and three oclock in the morning. Appellant immediately put his hands behind his back. The officer told appellant to walk toward him and show his hands. Instead, appellant threw what he had in his hands into a urinal. This was sufficient to establish a prima facie case that appellant attempted (albeit unsuccessfully) to destroy, conceal, or remove what he had in his hands, knowing that the police officer had commenced (or was about to commence) an investigation. In light of the nature of appellants action and that it occurred immediately after receiving the police officers order, a reasonable jury could conclude the action was done with the purpose to impair the objects ability to be used in the officers investigation. Thus, the trial court correctly denied appellants motion for judgment of acquittal. The fact that the substance turned out not to be crack cocaine (or any other contraband) is irrelevant.