Arboleda v. State

Jose Arboleda appeals his conviction for trafficking in cocaine. He alleges as error the trial court’s failure to give part four of the standard jury instruction dealing with trafficking. For the following reasons, we reverse.

Evidence at trial showed that customs inspectors had intercepted a package from Colombia that contained a marble pedestal with 666.9 grams of cocaine concealed inside. Law enforcement officers set up a controlled delivery, and persuaded the defendant to come pick up the package. There was conflicting testimony about whether the defendant, when placing the package in his…