Timothy Lamack Munnerlyn v. State of Florida

── Timothy Lamack Munnerlyn v. State of Florida ── Court: District Court of Appeal of Florida Date: May 08, 2026 Category: General FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Case No. 5D2025-1102 LT Case No. 2022-CF-003075-A _____________________________ TIMOTHY LAMACK MUNNERLYN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Marion County. Robert W. Hodges, Judge. Matthew J. Metz, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Alyssa M. Williams, Assistant Attorney General, Daytona Beach, for Appellee. May 8, 2026 EDWARDS, J. Timothy Lamack Munnerlyn, (“Appellant”) contends that his conviction for possession of over twenty (20) grams of cannabis (marijuana) with intent to sell should be set aside, arguing that the trial court erred by overruling Appellant’s contemporaneous “speculation” objection to a police officer’s testimony as to what can be characterized as “general criminal behavior.” Over objection, a police officer was allowed to testify that sandwich bags, like those found in Appellant’s marijuana-filled backpack, typically were used to separate a larger amount of marijuana into predetermined sizes for sales. The State’s harmless error argument is undercut by a lack of direct evidence and its reliance in both opening statement and closing argument on that testimony, along with reference to the scale and cash found in the car, as evidence of Appellant’s intent to sell the 300 grams of marijuana that he admittedly possessed. Whether Appellant’s objection of “speculation” was sufficient presents a closer question. Traffic Stop Reveals Contraband On the night of August 11, 2022, while on routine patrol, Officer Santos of the Ocala Police Department stopped a vehicle that was driving on the road with headlights on, but the tail lights were not illuminated. Appellant was the front seat passenger, and his pregnant girlfriend was the driver. Officer Santos noticed the smell of raw marijuana coming from the car. When asked, neither occupant had a medical marijuana card. In response to further questioning about marijuana, Appellant reached down to the floor near his feet and retrieved a large cloth bag or backpack that contained a large clear bag filled with a leafy green substance and a box of plastic sandwich bags. The green leafy substance field tested positive for marijuana. Another, smaller bag of marijuana was recovered as well, with the total weight of marijuana in both bags being just over 300 grams. As Appellant was getting out of the car, Officer Santos saw a clear folded bag on the floor, near where the backpack had been. That bag contained seventy-three (73) seemingly identical pills, one of which was later tested and determined to be hydromorphone. Incident to the stop, Officer Santos searched Appellant and discovered $3,140 in cash. A digital scale with cannabis residue was found in the center console of the car. 2 Appellant, post-Miranda 1, admitted ownership of all the cannabis related items but denied ownership of the pills. Appellant’s girlfriend said she did not know any drugs were in the car. The Charges, the Trial, and the Verdict Appellant was charged with: (Count 1) trafficking in hydromorphone, (Count 2) possession of cannabis over 20 grams with the intent to sell, and (Count 3) possession of paraphernalia. In opening statements, the State advised the jury that Officer Santos would explain about the traffic stop, what he found, and how the scale and plastic sandwich bags he discovered were often used to weigh and package substances to be either sold or delivered. On direct by the State, Officer Santos testified that he determined the green leafy substance was marijuana