Possession Of Cocaine With Intent To Sell

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

• Harris v. State
  647 So. 2d 206· Fla. 1st DCA· 1994-07-29 ·cited 59×
  Michael Kevin Harris appealed his conviction for drug possession with intent to sell, possession of drug paraphernalia, and resisting arrest without violence. The court reversed all convictions, finding insufficient evidence of constructive possession and that the officer lacked
• Jackson v. State
  818 So. 2d 539· Fla. 2d DCA· 2002-01-18 ·cited 47×
  Terrance Jackson was convicted by jury of cocaine possession with intent to sell, marijuana possession, and felony fleeing from police. The appellate court reversed all convictions and remanded for new trial, finding insufficient evidence for two convictions and prejudicial prose
• Philome Mondesir v. State
  814 So. 2d 1172· Fla. 3d DCA· 2002-04-17 ·cited 44×
  The court held that a conviction for possession of a firearm during the commission of other felonies is duplicative and violates double jeopardy, but that sentences for substantive firearm offenses must be served consecutively to sentences for other felonies.
• Wheeler v. State
  549 So. 2d 687· Fla. 1st DCA· 1989-08-16 ·cited 44×
  Larry Wheeler was convicted of both sale of cocaine and possession of cocaine with intent to sell under the same Florida statute. The First District Court of Appeal reversed, holding that the statutory structure of section 893.13(1)(a) demonstrates legislative intent to punish on
• Worth Moses McCULLOUGH v. State
  541 So. 2d 720· Fla. 4th DCA· 1989-04-05 ·cited 44×
  The court held that the circumstantial evidence presented was insufficient to prove intent to sell cocaine, as it was not inconsistent with a reasonable hypothesis of innocence.
• Duncan v. State
  986 So. 2d 653· Fla. 4th DCA· 2008-07-02 ·cited 43×
  Willie James Duncan appealed his conviction for possession of cocaine with intent to sell, challenging the sufficiency of evidence regarding constructive possession. The Fourth District Court of Appeal affirmed the conviction, finding that the state presented sufficient evidence
• LEE v. State
  835 So. 2d 1177· Fla. 4th DCA· 2002-12-26 ·cited 39×
  Terrance Lee was convicted of marijuana possession after a single marijuana cigarette was found in his vehicle during an inventory search. The Fourth District Court of Appeal affirmed, holding that Lee's exclusive possession and control of the vehicle as sole driver and occupant
• Kunta Muwwakil v. State
  435 So. 2d 304· Fla. 3d DCA· 1983-06-28 ·cited 39×
  Appellant was convicted of trafficking in cocaine, possession of cocaine with intent to sell, and possession of marijuana with intent to sell after a drug raid on his apartment. The court affirmed the trafficking conviction but reversed the conviction and sentence for possession
• Schaffer v. State
  769 So. 2d 496· Fla. 4th DCA· 2000-10-18 ·cited 36×
  Charles Schaffer was convicted of cocaine possession with intent to deliver based partly on hearsay testimony from officers regarding statements made by a confidential informant who did not testify at trial. The Fourth District Court of Appeal reversed and remanded for a new tria
• Johnson v. State
  569 So. 2d 872· Fla. 2d DCA· 1990-11-09 ·cited 32×
  Johnson was convicted of possession of cocaine with intent to sell based primarily on his confession. The Florida appellate court reversed, holding that a defendant's confession cannot be the sole basis for conviction and that the state failed to establish corpus delicti for the
• Deldesondro Callaway v. State
  658 So. 2d 593· Fla. 2d DCA· 1995-07-07 ·cited 30×
  The court held that while the convictions and sentences are affirmed, certain probation conditions and cost assessments were improperly imposed and must be stricken.
• Normando R. Brown v. State
  741 So. 2d 1242· Fla. 1st DCA· 1999-10-04 ·cited 29×
  The court held that community sanction violation points are assessed for each successive violation involving a new felony conviction, not for multiple cases or conditions violated within a single sanction. The court affirmed the conviction but reversed for resentencing due to imp
• Federick Solomon v. State
  596 So. 2d 789· Fla. 3d DCA· 1992-04-07 ·cited 27×
  The court held that the trial court did not err in denying the motion for mistrial or the motion to sever the charges.
• Pineda v. State
  571 So. 2d 105· Fla. 3d DCA· 1990-12-18 ·cited 27×
  The court held that limiting voir dire examination to twenty minutes per side, and denying a request for additional time to follow up on juror responses, constituted an abuse of discretion.
• Williams v. State
  538 So. 2d 73· Fla. 4th DCA· 1989-02-01 ·cited 27×
• Monroe v. State
  543 So. 2d 298· Fla. 5th DCA· 1989-04-27 ·cited 26×
  Dwight Monroe was arrested after police stopped a vehicle in which he was a passenger, leading to discovery of cocaine and a handgun. The court reversed his conviction, holding that the traffic stop for a bald tire was pretextual and lacked reasonable justification absent the off
• Young v. State
  661 So. 2d 406· Fla. 1st DCA· 1995-10-18 ·cited 23×
  Court reversed denial of post-conviction relief and remanded for evidentiary hearing on claim that trial counsel failed to investigate voluntary intoxication defense to drug possession charge.
• Sinclair v. State
  995 So. 2d 552· Fla. 3d DCA· 2008-09-03 ·cited 22×
  Mario Sinclair appealed his probation violation for cocaine possession, challenging whether the arresting officer adequately identified the substance as crack cocaine without a chemical analysis report. The Florida Third District Court of Appeal held that a sufficiently experienc
• State v. Lampley
  817 So. 2d 989· Fla. 4th DCA· 2002-05-29 ·cited 22×
  Florida appeals the suppression of cocaine found in a paper bag stored in a truck's wheel well. The court reverses, holding that the defendant had no reasonable expectation of privacy in the bag he placed in the wheel well and abandoned by walking away.
• Asbury v. State
  765 So. 2d 965· Fla. 4th DCA· 2000-09-06 ·cited 22×
  A Florida appellate court reversed a drug conviction and remanded for a new trial because the trial judge departed from judicial neutrality during the suppression hearing by sua sponte recalling witnesses and soliciting evidence, thereby denying the defendant a fair hearing befor
• Thomas v. State
  63 So. 3d 55· Fla. 4th DCA· 2011-05-18 ·cited 21×
  Kevin Thomas appeals his conviction for possession of cocaine with intent to sell, arguing the trial court failed to conduct an adequate Richardson hearing after discovering the State did not list Detective Tianga as an expert witness in discovery, despite presenting him as such
• Augustin Fleurimond v. State
  10 So. 3d 1140· Fla. 3d DCA· 2009-05-27 ·cited 21×
  Augustin Fleurimond appeals his conviction for drug trafficking and possession. The Third District Court of Appeal reversed and remanded for a new trial, finding that the State violated a pretrial order in limine by introducing prejudicial testimony about the area being known for
• Brown v. State
  719 So. 2d 1243· Fla. 5th DCA· 1998-10-09 ·cited 21×
  Mark Anthony Brown appealed the denial of his motion to suppress evidence obtained from a traffic stop, arguing there was no reasonable suspicion to justify the stop. The Florida Fifth District Court of Appeal affirmed, holding that the officer had sufficient reasonable suspicion
• K.M. v. State
  545 So. 2d 464· Fla. 3d DCA· 1989-06-20 ·cited 21×
  The court affirmed a juvenile's adjudication of delinquency for cocaine possession with intent to sell, holding that substantial circumstantial evidence, including expert testimony on drug packaging, supported the finding of intent to sell beyond reasonable hypothesis of innocenc
• Nesmith v. State
  616 So. 2d 170· Fla. 2d DCA· 1993-03-31 ·cited 20×
  Freddie Nesmith appeals his convictions for cocaine possession with intent to sell and obstructing an officer with violence, challenging the legality of his detention. The court holds that police lacked founded suspicion to detain Nesmith based solely on his presence in a high-cr
• United States v. Morris
  977 F.2d 617· D.C. Cir.· 1992-10-09 ·cited 20×
  The court held that the evidence was sufficient to support convictions for possession of cocaine with intent to distribute and for using or carrying a firearm during a drug trafficking offense.
• Williams v. State
  529 So. 2d 345· Fla. 1st DCA· 1988-08-08 ·cited 20×
  Jimmie Lee Williams was convicted of possession of drug paraphernalia after police found drug-related items in an apartment he leased but had vacated before the search. The court reversed, holding that the state failed to prove constructive possession because the apartment was jo
• Ivory Brown v. State
  8 So. 3d 1187· Fla. 4th DCA· 2009-04-15 ·cited 19×
  The court held that the evidence was insufficient to establish constructive possession of Xanax, but affirmed the conviction for possession of cocaine with intent to sell.
• Williams v. State
  573 So. 2d 124· Fla. 4th DCA· 1991-01-09 ·cited 19×
  Dennis Williams was convicted of cocaine possession with intent to sell based on evidence that cocaine rocks were found in a chair where he was seated among a group of men. The Fourth District Court of Appeal reversed the conviction, finding insufficient evidence of constructive
• Houser v. State
  666 So. 2d 158· Fla. 5th DCA· 1995-09-08 ·cited 18×
  Appellate court struck the habitual offender adjudication for a cocaine possession conviction and the public defender's lien imposed without proper notice, but affirmed the underlying convictions and sentences.
• Paige v. State
  641 So. 2d 179· Fla. 5th DCA· 1994-08-12 ·cited 18×
  Paige was convicted of possessing cocaine with intent to sell within 200 feet of a public housing facility. After his conviction, the Florida Supreme Court struck down the statute's 'public housing facility' language as unconstitutionally vague. The appellate court reversed and r
• Baten v. State
  579 So. 2d 764· Fla. 5th DCA· 1991-04-25 ·cited 18×
  Victor Baten was convicted of cocaine possession with intent to sell. Baten appealed arguing insufficient evidence supported the intent-to-sell element, but the appellate court affirmed, finding the evidence—including the amount of cocaine, packaging, the defendant's lack of legi
• C.L.L. v. State
  566 So. 2d 878· Fla. 3d DCA· 1990-09-11 ·cited 18×
  The court held that the evidence was insufficient to exclude a reasonable hypothesis of innocence regarding intent to sell, but sufficient for simple possession.
• State v. Wargin
  418 So. 2d 1261· Fla. 4th DCA· 1982-09-08 ·cited 18×
  Consent to search luggage extends to closed containers within that luggage, and no additional consent is required to open such containers.
• Manner v. State
  387 So. 2d 1014· Fla. 4th DCA· 1980-09-10 ·cited 18×
  The court held that the circumstantial evidence, including the defendant's flight and discarding of cocaine, was sufficient to support a jury's finding of guilt for conspiracy to sell cocaine.
• Bradshaw v. State
  509 So. 2d 1306· Fla. 1st DCA· 1987-07-15 ·cited 17×
  The court held that the evidence was sufficient to establish constructive possession of cocaine and drug paraphernalia, supporting the convictions.
• Oliveira v. State
  751 So. 2d 611· Fla. 4th DCA· 1999-11-24 ·cited 16×
  The court held that enhancing a sentence under both a specific offense enhancement statute and the habitual felony offender statute constitutes improper double enhancement.
• The United States v. DiLORETO
  888 F.2d 996· 3d Cir.· 1989-11-07 ·cited 16×
  The court's prior decisions, particularly Swinehart, may have established a per se reversal rule for certain prosecutorial misconduct, but this conflicts with Supreme Court precedent requiring a prejudice analysis.
• Smith v. State
  524 So. 2d 461· Fla. 4th DCA· 1988-04-13 ·cited 16×
• Darrin Bernard Rogers v. State
  626 So. 2d 339· Fla. 4th DCA· 1993-11-17 ·cited 14×
  The court held that the trial judge erred in denying a requested jury instruction for a lesser-included offense made during closing arguments.
• 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
• Ramirez v. State
  125 So. 3d 171· Fla. 4th DCA· 2013-01-16 ·cited 13×
  Andrew Ramirez was convicted of trafficking in hydrocodone and possession of cocaine with intent to sell. The Florida Fourth District Court of Appeal reversed the trafficking conviction because the trial court failed to instruct the jury on the prescription defense, which was Ram
• 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
• Fluellen v. State
  703 So. 2d 511· Fla. 1st DCA· 1997-12-23 ·cited 13×
  Fluellen challenges his convictions for cocaine possession with intent to sell and drug paraphernalia possession. The court reversed, finding three significant trial errors: admission of hearsay testimony about an anonymous tip, improper expert testimony regarding drug quantity a
• Acy Reynold LEE v. State
  530 So. 2d 349· Fla. 2d DCA· 1988-07-22 ·cited 13×
• Williams v. State
  154 So. 3d 426· Fla. 4th DCA· 2014-12-12 ·cited 12×
  Adam Williams was convicted of cocaine possession with intent to sell, but the appellate court reversed because the state failed to present sufficient evidence connecting him to the cocaine found during the search. The court held that mere proximity to the drugs, combined with an
• Richards v. State
  37 So. 3d 925· Fla. 4th DCA· 2010-06-09 ·cited 12×
  David Richards was convicted of possession of cocaine with intent to sell based on evidence that he possessed seven individually wrapped bags of a white powdery substance, only one of which was laboratory tested for cocaine. The Fourth District Court of Appeal affirmed the convic
• Valentin v. State
  974 So. 2d 629· Fla. 4th DCA· 2008-02-27 ·cited 12×
  The state failed to present sufficient evidence to prove the defendant possessed cocaine with the intent to sell it within 1,000 feet of a public park.
• Tevorance Lesane v. State
  895 So. 2d 1231· Fla. 4th DCA· 2005-03-02 ·cited 12×
  Tevorance Lesane appeals his conviction for possession of cocaine with intent to distribute within 1,000 feet of a school. The court reverses the conviction for insufficient evidence to prove intent to distribute, as the 1.8 grams of cocaine recovered was not inconsistent with pe
• 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