Possession Of Cannabis With Intent To Sell

65 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Norman v. State
  379 So. 2d 643· Fla.· 1980-01-24 ·cited 270×
  Ray Norman was convicted of cannabis possession after sheriff's warrantless search of a tobacco barn on leased farm property. The Florida Supreme Court held the initial search violated the Fourth Amendment and that the defendant's subsequent consent was tainted by the illegal int
• Denehy v. State
  400 So. 2d 1216· Fla.· 1980-10-16 ·cited 99×
  Appellants Denehy and Pitoscia were convicted of possession of cannabis with intent to sell after a search at an agricultural inspection station. The Florida Supreme Court upheld the constitutionality of the agricultural inspection statute and affirmed their convictions, finding
• Hines v. State
  737 So. 2d 1182· Fla. 1st DCA· 1999-07-15 ·cited 80×
  Randy Hines appeals his conviction for possession of cannabis with intent to sell near a school, challenging the denial of his motion to suppress evidence obtained through an illegal search. The Florida Court of Appeal reversed, holding that Deputy Simmons unconstitutionally reac
• Gluesenkamp v. State
  391 So. 2d 192· Fla.· 1980-10-16 ·cited 49×
  The Florida Supreme Court consolidated three cases challenging the constitutionality of section 570.15, which requires trucks to stop at agricultural inspection stations. The Court upheld the statute as a valid exercise of police power, rejected vagueness and equal protection cha
• State v. Boyd
  615 So. 2d 786· Fla. 2d DCA· 1993-03-10 ·cited 44×
  Florida appealed the suppression of evidence and dismissal of an improper exhibition of a firearm charge in a case involving James Boyd, who discharged a shotgun in someone else's yard while acting angry and threatening. The appellate court reversed both orders, holding that the
• State v. Brider
  386 So. 2d 818· Fla. 2d DCA· 1980-07-18 ·cited 32×
  Florida appeals the dismissal of charges against Brider for possession of cannabis with intent to sell. The trial court dismissed based on entrapment as a matter of law, concluding that because the government supplied the marijuana, the defendant could not possess it. The appella
• Harris v. State
  954 So. 2d 1260· Fla. 5th DCA· 2007-04-27 ·cited 29×
  The court held that the evidence was insufficient to establish that the defendant had actual or constructive possession of the cocaine found in the brown bag, reversing the trafficking conviction.
• Kutzorik v. State
  891 So. 2d 645· Fla. 2d DCA· 2005-01-28 ·cited 25×
  Melinda Kutzorik appealed the denial of her motion to suppress evidence of cannabis found during a warrantless search of her home. The court reversed, holding that the police conducted an illegal seizure without reasonable suspicion when they appeared at her door late at night wi
• State v. Javonte L. Wimberly
  988 So. 2d 116· Fla. 5th DCA· 2008-07-25 ·cited 23×
  The appellate court reversed an order suppressing cannabis and statements, finding the trial court applied an incorrect standard in evaluating the legality of a traffic stop for alleged illegal window tint.
• Grant v. State
  864 So. 2d 503· Fla. 4th DCA· 2004-01-07 ·cited 17×
  The court held that the defendant's claim of ineffective assistance of counsel based on a requested jury instruction for a lesser included offense, which was not properly a lesser included offense, could not be decided on direct appeal because prejudice was not apparent from the
• Knight v. State
  107 So. 3d 449· Fla. 5th DCA· 2013-01-18 ·cited 16×
  Knight appeals his conviction for possession of cannabis, arguing the trial court erred by denying his motion for judgment of acquittal. The Fifth District affirms the conviction but certifies conflict with other districts regarding the application of Florida's special circumstan
• Lewis v. State
  827 So. 2d 1052· Fla. 5th DCA· 2002-10-11 ·cited 16×
  Debra Lewis appealed her convictions for possession of cannabis with intent to sell and trafficking in cannabis, challenging them on double jeopardy grounds and arguing her sentence was illegal under an allegedly unconstitutional statute. The Fifth District Court of Appeal affirm
• Hurt v. State
  388 So. 2d 281· Fla. 1st DCA· 1980-09-10 ·cited 16×
  Six appellants were convicted of possessing more than 100 pounds of cannabis with intent to sell following a nolo contendere plea. The court reversed their convictions, finding that officers had no legal right to make a warrantless entry into the warehouse where the cannabis was
• Zamara Janice Williams v. State
  110 So. 3d 59· Fla. 2d DCA· 2013-03-08 ·cited 13×
  Williams appeals her conviction for constructive possession of marijuana found in a closed black bag in a rental car she was driving with two passengers. The appellate court reversed, holding that the State failed to establish sufficient evidence of her dominion and control over
• Petion v. State
  4 So. 3d 83· Fla. 4th DCA· 2009-03-04 ·cited 13×
  Gerald Petion appeals his convictions for possession of cocaine with intent to sell, possession of cannabis with intent to sell, and unlawful use of a false name. The appellate court reverses his marijuana conviction due to insufficient evidence of constructive possession in a jo
• Crites v. State
  959 So. 2d 1265· Fla. 5th DCA· 2007-07-06 ·cited 13×
  The court held that convictions for possession of cannabis with intent to sell and simple possession of the same cannabis arising from a single incident violate double jeopardy principles.
• Vanslyke v. State
  936 So. 2d 1218· Fla. 2d DCA· 2006-09-13 ·cited 12×
  A warrantless search of a home based on a vague child abuse report lacking specific details of imminent danger is unlawful under the Fourth Amendment.
• Whitehurst v. State
  852 So. 2d 902· Fla. 2d DCA· 2003-08-08 ·cited 12×
  Anthony Whitehurst appeals his convictions for drug possession with intent to sell and resisting arrest. The appellate court reverses his convictions, finding that the trial court committed reversible error by failing to instruct the jury that the State must prove Whitehurst knew
• Delgado-George v. State
  125 So. 3d 1031· Fla. 2d DCA· 2013-07-26 ·cited 10×
  Ricardo Delgado-George was convicted of three drug-related offenses, including possession of a conveyance used for trafficking controlled substances. The Florida District Court of Appeal reversed his conviction on the vehicle-trafficking charge, finding insufficient evidence that
• State v. Mandell C. McGEE
  494 So. 2d 255· Fla. 2d DCA· 1986-09-03 ·cited 10×
  The State appeals a trial court's dismissal of a cannabis possession with intent to sell charge for lack of jurisdiction, arguing the defendant's possession of an unspecified amount constituted a felony rather than a misdemeanor. The court reverses, holding that possession with i
• Norman v. State
  362 So. 2d 444· Fla. 1st DCA· 1978-09-07 ·cited 10×
  Ray Alton Norman was convicted of possession of more than five grams of cannabis and possession with intent to sell. The appellate court affirmed the conviction on Count I but reversed on Count II, finding insufficient evidence of intent to sell. The court rejected Norman's argum
• Keene v. State
  600 So. 2d 513· Fla. 2d DCA· 1992-06-10 ·cited 9×
  Florida appellate court reversed conviction for simple possession of cannabis as a lesser-included offense of possession with intent to sell, violating double jeopardy principles, while affirming other convictions.
• Fidel Fernandez v. State
  63 So. 3d 881· Fla. 3d DCA· 2011-06-15 ·cited 8×
  Fidel Fernandez appeals the denial of his motion to suppress evidence of marijuana plants found in his home, arguing that law enforcement conducted an unlawful warrantless entry onto his residential property. The Florida District Court of Appeal reversed, holding that the officer
• Rowell v. State
  382 So. 2d 886· Fla. 1st DCA· 1980-04-30 ·cited 8×
  The court held that the trial court did not err in denying the motion to disclose the identity of a confidential informant because the informant's identity was not material to the defense.
• Vernell Robinson v. State
  57 So. 3d 278· Fla. 4th DCA· 2011-03-30 ·cited 6×
  Vernell Robinson appeals his conviction for possession of more than twenty grams of cannabis, challenging the trial court's denial of his motion for judgment of acquittal and exclusion of alibi testimony. The court affirmed the denial of the judgment of acquittal motion but rever
• Deaunte Phillips v. State
  961 So. 2d 1137· Fla. 2d DCA· 2007-08-15 ·cited 6×
  Deaunte Phillips was convicted of possession of cannabis with intent to sell based on circumstantial evidence that 26.6 grams of marijuana were packaged in ten individual plastic bags. The appellate court reversed the conviction for possession with intent to sell, holding that th
• K.J. v. State
  557 So. 2d 134· Fla. 3d DCA· 1990-02-13 ·cited 6×
  The court affirmed the juvenile's adjudication of delinquency for possession of cannabis with intent to sell, finding sufficient circumstantial evidence of intent to sell based on the quantity, packaging, and the juvenile's conduct upon police arrival.
• Simmons v. State
  491 So. 2d 1307· Fla. 1st DCA· 1986-08-05 ·cited 6×
  Simmons appealed the denial of his motion to suppress marijuana found in his car during a search at a residence where a valid search warrant was executed. The court held that the vehicle search was proper because sufficient evidence connected the car to the premises, including th
• Tarver v. State
  961 So. 2d 1094· Fla. 2d DCA· 2007-07-27 ·cited 5×
  Maurice Tarver appeals his conviction for possession of cannabis with intent to sell, which resulted from a negotiated plea after the trial court denied his motion to suppress. The appellate court reversed in part, finding that the trial court erred in basing probable cause on co
• Rawlings v. State
  979 So. 2d 1238· Fla. 4th DCA· 2008-04-30 ·cited 4×
  The court held that the State presented sufficient competent evidence of the defendant's intent to sell marijuana, supporting the denial of his motion for judgment of acquittal.
• State v. Thomas
  960 So. 2d 869· Fla. 2d DCA· 2007-07-13 ·cited 4×
  The State appealed a trial court's order suppressing evidence against Adrian Thomas for drug possession and distribution charges. The appellate court reversed, finding that a confidential informant's information, corroborated by recorded phone calls and officer observations, was
• Salyers v. State
  920 So. 2d 747· Fla. 5th DCA· 2006-02-10 ·cited 4×
  William Allen Salyers appeals his conviction for drug trafficking and firearm possession, challenging the validity of a search warrant that yielded the evidence against him. The Fifth District Court of Appeal reversed his conviction, finding that the affidavit supporting the sear
• D.A.H. v. State
  718 So. 2d 195· Fla. 2d DCA· 1998-07-10 ·cited 4×
  An officer's observations of a suspect making several hand-to-hand transactions exchanging money for small packages, combined with the officer's training and experience in narcotics detection, provide probable cause to stop and search the suspect.
• Williams v. State
  700 So. 2d 190· Fla. 5th DCA· 1997-10-17 ·cited 4×
  Albert Williams appeals his convictions for drug-related offenses stemming from a search of his mobile home. The court reverses his conviction for possession of cannabis over 20 grams, finding that under Paccione v. State, a defendant cannot be convicted and punished for both pos
• State v. McDANIEL
  508 So. 2d 371· Fla. 2d DCA· 1987-02-25 ·cited 4×
  Florida appeals a trial court's dismissal of an information charging defendant with cannabis possession with intent to sell and simple possession. The court reversed, holding that possession of cannabis with intent to sell constitutes a third-degree felony under Florida law, givi
• Blake v. State
  21 So. 3d 129· Fla. 3d DCA· 2009-11-04 ·cited 3×
  The court held that the trial court did not abuse its discretion in revoking probation based on the evidence presented, but that the grand theft charge could not independently sustain the revocation.
• Bennett v. State
  111 So. 3d 983· Fla. 1st DCA· 2013-05-06 ·cited 2×
  Cody Bennett appeals his conviction for possession of cannabis with intent to sell, challenging the trial court's denial of his motion to suppress evidence obtained from a vehicle search based on a police dog's alert. The court affirms, holding that under the U.S. Supreme Court's
• C.L.C. v. State
  868 So. 2d 685· Fla. 5th DCA· 2004-04-02 ·cited 2×
• Boschen v. State
  647 So. 2d 1054· Fla. 5th DCA· 1994-12-22 ·cited 2×
  The court held that there is no double jeopardy issue with Counts 10 and 11, but one of Counts 12 or 13 must be vacated due to double jeopardy concerns with Count 11.
• Dupont v. State
  561 So. 2d 20· Fla. 2d DCA· 1990-05-11 ·cited 2×
• Milhouse v. State
  521 So. 2d 380· Fla. 1st DCA· 1988-03-11 ·cited 2×
• Lachman v. State
  309 So. 3d 244· Fla. 2d DCA· 2020-11-06 ·cited 1×
  The appellate court affirmed a conviction for resisting an officer without violence, despite potential insufficiency of evidence, because the defense counsel conceded the defendant's guilt during closing arguments. This concession was deemed "invited error," preventing the defend
• Hill v. State
  307 So. 3d 897· Fla. 1st DCA· 2020-09-24 ·cited 1×
  A defendant seeking to unseal a search warrant affidavit that the State claims contains information about a confidential informant must make a specific showing of good cause or necessity for disclosure, and a bare allegation that the information is needed to prepare a defense is
• Smith v. State
  965 So. 2d 176· Fla. 2d DCA· 2007-08-15 ·cited 1×
  A defendant is entitled to a jury instruction on the prescription defense when charged with trafficking in illegal drugs if evidence supports the defense.
• Merrill v. State
  849 So. 2d 1175· Fla. 3d DCA· 2003-07-23 ·cited 1×
  April Merrill was convicted of drug possession with intent to sell based on evidence obtained from a search warrant. She appealed the denial of her motion to suppress, arguing the warrant affidavit lacked probable cause, but the court affirmed, finding the totality of circumstanc
• Dino Cerrone v. State
  744 So. 2d 590· Fla. 2d DCA· 1999-11-17 ·cited 1×
  Dino Cerrone appeals after pleading guilty to drug possession charges. The court reverses the trial court's denial of his motion to suppress evidence, finding that the initial detention of Cerrone was illegal because the officer lacked reasonable suspicion of criminal activity wh
• Burke v. State
  640 So. 2d 1222· Fla. 5th DCA· 1994-08-05 ·cited 1×
• Chumney v. State
  Fla. 2d DCA· 2021-03-12
  The appellate court addressed Andrew Chumney's appeal of his drug offense convictions. The court agreed that convictions for both possession of over twenty grams of cannabis and possession of cannabis with intent to sell, when related to the same marijuana, violate double jeopard
• State v. Dion Renoldo Wilson
  268 So. 3d 927· Fla. 5th DCA· 2019-04-18
  A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
• Galvin Antonio Gallardo v. State
  204 So. 3d 979· Fla. 5th DCA· 2016-12-02
  Gallardo appealed the denial of his motion to suppress evidence obtained during a traffic stop, arguing the stop was unlawful. The Florida Fifth District Court of Appeal affirmed, holding that Deputy Tucker had reasonable suspicion to stop Gallardo's vehicle based on her visual o