B.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1991-01-22
No. 90-1479
Before BASKIN, GERSTEN and GODERICH, JJ.
572 So. 2d 1037 Florida District Court of Appeal, Third District (1991)

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Holding

The court held that while the evidence was insufficient to prove intent to sell cocaine, it was sufficient to prove simple possession of cocaine.


Facts & Procedural History

A juvenile, B.S., was adjudicated delinquent for possession of cocaine with intent to sell. The State conceded insufficient evidence for the intent to…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, B.S., a juvenile, appeals an order withholding adjudication of delinquency and placing appellant on community control for possession of cocaine with intent to sell. Appellant’s sole contention on appeal is that the appellee, the State, presented insufficient evidence to establish appellant’s intent to sell cocaine.

The State concedes that the evidence adduced at the adjudicatory hearing was insufficient to support the charge of possession of cocaine with intent to sell. The State argues, however, and the appellant agrees, that there was sufficient evidence to find against appellant for possession of cocaine.

Based upon the State s and appellant s concessions, and our review of the record, we reverse insofar as the trial court found that appellant possessed cocaine with intent to sell, but affirm the order on the ground that appellant had committed the offense of possession of cocaine. C.L.L. v. State, 566 So. 2d 878 (Fla. 3d DCA 1990); McCullough v. State, 541 So. 2d 720 (Fla. 4th DCA 1989).


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