Conviction of Conspiracy to Traffic Cocaine Despite Being Less Than 28 Grams Based on the Intent of Parties at the Time of Initial Agreement

In Kocol v. State, 546 So. 2d 1159 (Fla. 5th DCA 1989), the defendant agreed to supply his employee with an ounce of cocaine (which is slightly greater than 28 grams) for sale to a third party at a fixed price. See 546 So. 2d at 1159. The employee met with the third party, collected $ 1300 from him, and delivered the money to the defendant. See id. at 1160. In return, the defendant gave the cocaine to the employee for delivery to the third party. See id. Based on this transaction, the defendant was charged and convicted of conspiracy to traffic in cocaine, sale of cocaine, and possession of cocaine. See id. at 1159. On appeal, the defendant asserted that the evidence was insufficient to sustain his conviction on the conspiracy to traffic count because the cocaine that was sold actually weighed 27.58 grams, slightly less than the requisite trafficking amount of 28 grams. See 546 So. 2d at 1160. In upholding the conspiracy to traffic conviction, the Fifth District stated, "The fact that the cocaine ultimately delivered was short of an ounce by less than a gram does not refute the intent of the parties at the time of the initial agreement." Id.