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

• Brown v. State
  744 So. 2d 1184· Fla. 2d DCA· 1999-11-03 ·cited 12×
  The court reversed a habitual offender sentence for cocaine possession with intent to sell because section 775.084(l)(a)(3) excludes controlled substance violations from habitual offender sentencing.
• Auline Thomas v. State
  743 So. 2d 1190· Fla. 4th DCA· 1999-11-03 ·cited 12×
  Auline Thomas appeals her jury convictions for possession of cocaine and marijuana. The Fourth District Court of Appeal affirms the cocaine conviction but reverses the marijuana conviction, finding insufficient evidence that Thomas had knowledge of the marijuana's presence and il
• Doril R. Williams v. State
  569 So. 2d 1376· Fla. 2d DCA· 1990-11-21 ·cited 12×
  Doril Williams was convicted of possession of cocaine with intent to sell, but the Florida appellate court reversed, finding insufficient evidence of intent to sell. The court vacated the conviction for the trafficking charge, struck court costs, and remanded for resentencing on
• Lenny Brooks v. State
  524 So. 2d 1102· Fla. 3d DCA· 1988-05-10 ·cited 12×
  Brooks was convicted of two separate cocaine possession charges and sought appellate review of denied suppression motions. The court reversed one conviction based on an unlawful pretextual traffic stop but affirmed the second conviction where cocaine was found in an abandoned veh
• Wooten v. State
  361 So. 2d 167· Fla. 3d DCA· 1978-03-07 ·cited 12×
  Conviction for possession with intent to sell cocaine reversed due to insufficient evidence of intent to sell, but conviction for resisting an officer with violence affirmed.
• Ward v. State
  21 So. 3d 896· Fla. 5th DCA· 2009-11-06 ·cited 11×
  The court held that the defendant was lawfully detained when he provided a false name, making his arrest for that offense valid.
• Darry Chaney v. State
  956 So. 2d 535· Fla. 4th DCA· 2007-05-16 ·cited 11×
  Darry Chaney was convicted of possession with intent to sell cocaine within 1,000 feet of a church based on evidence obtained from a warrantless search of his person. The Fourth District Court of Appeal reversed, holding that a citizen informant's report of observing hand-to-hand
• Carr v. State
  529 So. 2d 805· Fla. 1st DCA· 1988-08-10 ·cited 11×
  Appellant challenged his drug conviction, arguing the search warrant should have been suppressed because it misidentified his apartment number (as unit 1 when it was actually unit 3). The Florida Court of Appeal affirmed, holding that the inaccuracy did not invalidate the warrant
• Neal v. State
  60 So. 3d 1132· Fla. 4th DCA· 2011-05-11 ·cited 10×
  Frankie Neal appeals his convictions for possession of cocaine with intent to sell and sale of cocaine, challenging the trial court's handling of his request for self-representation, the adequacy of inquiries regarding counsel, and his habitual offender sentencing. The Fourth Dis
• Williams v. State
  903 So. 2d 974· Fla. 4th DCA· 2005-05-04 ·cited 10×
  The court held that while probable cause existed for the arrest, the inventory search of the defendant's vehicle was not justified as the impoundment was not based on a legitimate purpose but rather a blanket policy. The court reversed the denial of the motion to suppress evidenc
• Vaughn Miller v. State
  847 So. 2d 1093· Fla. 4th DCA· 2003-06-18 ·cited 10×
  The court held that the prosecutor's comment on the defendant's right to remain silent during closing arguments was an improper comment that was not harmless error, requiring reversal.
• Judd v. State
  781 So. 2d 440· Fla. 4th DCA· 2001-02-28 ·cited 10×
  Caroline Judd was convicted of cocaine possession with intent to sell based on officer surveillance. The Fourth District Court of Appeal reversed, finding two critical errors: the trial court improperly refused to require the officer to disclose his surveillance location without
• Montrey Mack v. State
  711 So. 2d 1154· Fla. 2d DCA· 1998-01-16 ·cited 10×
  Florida appellate court reversed drug delivery and possession convictions because the State failed to introduce the cocaine into evidence at trial, despite the defendant's timely objection.
• Young v. State
  664 So. 2d 1144· Fla. 4th DCA· 1995-12-20 ·cited 10×
  The Fourth District Court of Appeal reversed Young's cocaine possession conviction, holding that the trial court improperly admitted hearsay evidence describing an informant's accusatory statement about Young's planned drug sale. The court found the admission violated the Florida
• Griffin v. State
  598 So. 2d 254· Fla. 1st DCA· 1992-05-11 ·cited 10×
  The trial court erred in denying the appellant's motion for a continuance when the state's late disclosure of a key eyewitness prejudiced the appellant's ability to prepare an adequate defense.
• Rajeev Jain v. State
  577 So. 2d 1002· Fla. 2d DCA· 1991-04-12 ·cited 10×
  Rajeev Jain was charged with cocaine possession with intent to sell after police discovered cocaine during a pat-down search. The court held that the detective lacked the requisite founded suspicion to justify the Terry stop because the information relied upon was stale, and ther
• A.G. v. State
  562 So. 2d 400· Fla. 3d DCA· 1990-06-05 ·cited 10×
  The court held that the cocaine was not the product of an illegal stop because the defendant voluntarily abandoned the bag.
• Moore v. State
  561 So. 2d 625· Fla. 1st DCA· 1990-05-03 ·cited 10×
  Jessie Moore appealed his conviction for possession of cocaine with intent to sell, challenging the trial court's denial of his motion to suppress evidence obtained after a traffic stop that led to a search warrant for a motel room. The Florida First District Court of Appeal affi
• McKINNEY v. State
  559 So. 2d 621· Fla. 3d DCA· 1990-02-06 ·cited 10×
  Florida appellate court affirmed conviction for cocaine possession with intent to sell but reversed sentence, holding that recent release from prison alone does not justify departure from sentencing guidelines without evidence of a continuing pattern of criminal activity.
• Perez v. State
  856 So. 2d 1074· Fla. 5th DCA· 2003-10-17 ·cited 9×
  Rafael Perez appeals his convictions for drug trafficking, delivery, and possession of heroin and cocaine following an undercover drug operation. The Fifth District Court of Appeal affirms all convictions, rejecting Perez's arguments regarding evidentiary rulings, discovery viola
• Ishmael D. Damen v. State
  793 So. 2d 106· Fla. 2d DCA· 2001-08-17 ·cited 9×
  Ishmael Damen appeals his convictions for possession of cocaine with intent to sell and possession of counterfeit controlled substance with intent to sell. The appellate court affirmed the cocaine conviction but reversed the counterfeit substance conviction, finding insufficient
• Ford v. State
  749 So. 2d 570· Fla. 5th DCA· 2000-01-21 ·cited 9×
  The court held that convicting a defendant for both trafficking in cocaine and possession of cocaine with intent to sell for the same contraband in a single episode violates double jeopardy rights.
• Bellamy v. State
  696 So. 2d 1218· Fla. 2d DCA· 1997-05-30 ·cited 9×
  Patrick Bellamy was arrested based on a BOLO (Be On Lookout) description of a drug suspect that the court found far too general to provide probable cause. The court reversed the conviction and suppressed the evidence, holding that the vague description and Bellamy's observed cond
• Nebraska Pritchett and Linnon Harris v. State
  677 So. 2d 317· Fla. 1st DCA· 1996-04-12 ·cited 9×
  Nebraska Pritchett and Linnon Harris appeal their drug and weapons convictions, arguing the trial court erred in denying their motion to suppress evidence obtained during an investigatory stop. The court agrees that the stop lacked sufficient founded suspicion under Florida law a
• State v. Wynn
  623 So. 2d 848· Fla. 2d DCA· 1993-09-10 ·cited 9×
  Florida appeals a trial court's order suppressing cocaine found in a truck. The appellate court reversed, holding that the defendant abandoned his truck by leaving it unlocked and unattended in an illegal parking spot while fleeing from police, thereby eliminating any expectation
• Nitika Griffin v. State
  800 So. 2d 345· Fla. 4th DCA· 2001-11-28 ·cited 8×
  The appellate court reversed the trial court's denial of a motion to suppress, finding that police lacked reasonable suspicion to stop the appellant based on his actions at a motel.
• Roberson v. State
  729 So. 2d 545· Fla. 1st DCA· 1999-04-20 ·cited 8×
• Leeks v. State
  529 So. 2d 787· Fla. 2d DCA· 1988-07-29 ·cited 8×
  Hubert Leeks was convicted of possession of cocaine with intent to sell and sale of cocaine. He appealed challenging both his trial court's restriction on his ability to display a facial scar to the jury and the constitutionality of receiving separate convictions for possession w
• Sizemore v. State
  390 So. 2d 401· Fla. 3d DCA· 1980-11-04 ·cited 8×
  Sizemore was convicted of drug possession after narcotics officers obtained his consent to allow a trained dog to sniff his briefcase at an airport, which led to probable cause for a search warrant. The court affirmed, holding that his consent to the dog sniff was freely and volu
• Bedford v. State
  995 So. 2d 1122· Fla. 4th DCA· 2008-12-03 ·cited 6×
• Mitchell v. State
  911 So. 2d 1278· Fla. 4th DCA· 2005-10-05 ·cited 6×
  Tommy Mitchell was convicted of possession of cocaine with intent to sell after police found cocaine at a property where he was arrested while fleeing. The Florida Fourth District Court of Appeal reversed for a new trial because the state prosecutor impermissibly commented on Mit
• Sharod Dozier v. State
  766 So. 2d 1105· Fla. 2d DCA· 2000-08-16 ·cited 6×
  Sharod Dozier appeals his cocaine possession conviction, challenging the validity of the traffic stop that led to the discovery of drugs. The Florida appellate court reversed, holding that the officer lacked reasonable suspicion to stop Dozier's vehicle based solely on informatio
• Green v. State
  754 So. 2d 163· Fla. 5th DCA· 2000-03-31 ·cited 6×
  The court held that the evidence was sufficient to support a conviction for possession of cocaine with intent to sell or deliver, as it showed more than mere proximity.
• Harris v. State
  641 So. 2d 126· Fla. 1st DCA· 1994-06-20 ·cited 6×
  The court affirmed the conviction of James Wilbur Harris for possession of cocaine and possession of cocaine with intent to sell, finding that the trial court did not err in denying his motion to suppress.
• Wilson v. State
  569 So. 2d 516· Fla. 4th DCA· 1990-10-24 ·cited 6×
  Wilson appealed the denial of his motion to suppress evidence obtained during a pat-down search at a bar. The Fourth District Court of Appeal affirmed the denial, holding that the officer's observations of Wilson's furtive hand movements toward his waistband justified a brief inv
• McNEALY v. State
  549 So. 2d 248· Fla. 5th DCA· 1989-09-28 ·cited 6×
  The appellate court affirmed a conviction for possession of cocaine with intent to sell, holding that the circuit court had subject matter jurisdiction over the felony charge, regardless of the judge's specific authorization to preside.
• Long v. State
  546 So. 2d 1152· Fla. 2d DCA· 1989-07-26 ·cited 6×
• Howard v. State
  545 So. 2d 352· Fla. 1st DCA· 1989-05-23 ·cited 6×
  Charles Howard was convicted of third-degree felony murder and possession with intent to sell cocaine after his drug-dealing partner Anthony Sharp died from cocaine ingestion during a police traffic stop. The court affirmed, holding that Howard could be held liable for third-degr
• Thomas v. State
  212 So. 3d 410· Fla. 4th DCA· 2017-03-08 ·cited 5×
  Anthony Maurice Thomas appeals his conviction for possession of cocaine with intent to sell, arguing the state's evidence was legally insufficient. The Fourth District Court of Appeal reversed the conviction and remanded for entry of a judgment for simple possession of cocaine, f
• Johnson v. State
  164 So. 3d 794· Fla. 1st DCA· 2015-06-02 ·cited 5×
  Lester Johnson appealed his convictions for cocaine sale within 1000 feet of a church and possession with intent to sell, arguing the trial court erred by not reinstruct the jury when it marked him guilty of both the main offense and the lesser-included offense on the verdict for
• Gerome Berry v. State
  86 So. 3d 595· Fla. 1st DCA· 2012-05-08 ·cited 5×
  Gerome Berry appeals his drug convictions, challenging the denial of his motion to suppress evidence obtained from a warrantless investigatory stop based on an anonymous tipster's information. The court reverses, holding that the officer lacked reasonable suspicion to stop Berry
• State v. Gardner
  72 So. 3d 218· Fla. 2d DCA· 2011-10-05 ·cited 5×
  The State appealed the trial court's order suppressing cocaine found in Gardner's car during a warrantless search. The court reversed, holding that police had probable cause to search the vehicle based on Gardner's involvement in an attempted shooting two hours earlier, and that
• Jemberson Petion v. Ric L. Bradshaw
  961 So. 2d 961· Fla. 4th DCA· 2007-03-05 ·cited 5×
  The court held that setting bond based on the number of cocaine packets, rather than the weight of the cocaine, was an abuse of discretion.
• Octravis Thomas v. State
  844 So. 2d 723· Fla. 5th DCA· 2003-05-09 ·cited 5×
  The court held that the 2002 amendment to Chapter 893, Florida Statutes, which stated knowledge of the illicit nature of a controlled substance was not an element of the offense, could not be applied retroactively to a crime committed before the amendment's effective date.
• Woods v. State
  596 So. 2d 156· Fla. 4th DCA· 1992-03-25 ·cited 5×
  The court held that the evidence was sufficient to support the conviction for possession of cocaine with intent to deliver, the reasonable doubt jury instruction was proper, and the sentencing as a violent habitual offender was valid.
• Martius Develle Holland v. State
  210 So. 3d 238· Fla. 1st DCA· 2017-02-03 ·cited 4×
  The trial court did not err in denying the motion for discharge because the amended information charged a necessarily included lesser offense, not a new offense, and the appellant failed to demonstrate prejudice.
• State v. Grue
  130 So. 3d 256· Fla. 5th DCA· 2013-12-06 ·cited 4×
  The court held that an affidavit containing information about a K-9's training, certification, and prior success in locating narcotics, coupled with the K-9's alert on a specific package, provided sufficient probable cause to support the issuance of a search warrant.
• Thornton v. State
  80 So. 3d 1141· Fla. 4th DCA· 2012-03-07 ·cited 4×
  Defendant Thornton was convicted of possession with intent to sell cocaine and resisting an officer without violence following a warrantless detention at a strip mall. The Fourth District Court of Appeal reversed, holding that the detective lacked reasonable suspicion to detain T
• Benemerito v. State
  29 So. 3d 367· Fla. 4th DCA· 2010-02-24 ·cited 4×
  Christina Benemerito appeals her conviction for possession of cocaine with intent to deliver, challenging the trial court's denial of her motion to suppress the stop. The Fourth District Court of Appeal reversed, finding the officer lacked reasonable suspicion to stop her vehicle
• State v. L.J.T.
  921 So. 2d 746· Fla. 5th DCA· 2006-02-17 ·cited 4×
  The trial court abused its discretion by dismissing delinquency petitions without considering lesser sanctions when the Department of Juvenile Justice failed to transport the juvenile.