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3rd DCAJuly 16, 2025Affirmed⭐ Notable

Santana-Ozuna v. State

Case No. 3D2023-1818

The Third DCA affirmed cocaine trafficking and conspiracy convictions, holding it was bound by its recent panel decision in Gomez-Martinez v. State to reject an authentication challenge to recorded calls between the defendant and a confidential informant. The court also held that sufficient evidence supported the trafficking conviction because the defendant picked up and handled actual cocaine for verification/testing purposes, even though he believed he was purchasing fictitious 'Louis Vuitton' branded cocaine, satisfying the statutory definition of possession under section 893.02(21).

Key facts

  • Defendant Santana-Ozuna was charged with cocaine trafficking and conspiracy based on his participation in a drug transaction involving a confidential informant.
  • At trial, the State presented recorded calls between defendant and the confidential informant as evidence, and defendant was convicted of trafficking and conspiracy.
  • +2 more key facts with a free trial

Why it matters

While bound to follow Gomez-Martinez, this opinion is useful because it reflects continuing judicial disagreement on the Third DCA about how much circumstantial evidence suffices to authenticate recordings from… — full analysis with a trial

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