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

• Orie Kennard v. State
  903 So. 2d 244· Fla. 1st DCA· 2005-04-29 ·cited 4×
  The court held that the felony committed by the passenger, followed by flight, provided probable cause to search the vehicle and the appellant's person, justifying the denial of the motion to suppress.
• Glover v. State
  843 So. 2d 919· Fla. 5th DCA· 2003-03-07 ·cited 4×
  Roosevelt Glover was charged with possession of cocaine with intent to sell or deliver after police conducted a warrantless search that revealed 18 pieces of crack cocaine. Glover appealed the denial of his motion to suppress, arguing the search was unconstitutional. The Fifth Di
• McCLOUD v. State
  787 So. 2d 218· Fla. 2d DCA· 2001-05-18 ·cited 4×
  The court held that law enforcement did not have probable cause to search the defendant, and therefore the discovered cocaine should have been suppressed.
• Young v. State
  791 So. 2d 1121· Fla. 4th DCA· 2000-12-06 ·cited 4×
  Kevin Young was convicted of possession of cocaine with intent to sell after a police officer testified that it is not uncommon for cocaine sellers to not have the drug in their physical possession. The court reversed because such testimony is inadmissible character evidence that
• Bouey v. State
  762 So. 2d 537· Fla. 5th DCA· 2000-06-02 ·cited 4×
  Dwight Bouey appeals his cocaine trafficking and possession convictions. The court reverses his habitual offender sentence as illegal under the Criminal Punishment Code and remands for a factual determination regarding whether an alternate juror improperly sat with the jury durin
• State v. Williams
  731 So. 2d 635· Fla.· 1998-10-29 ·cited 4×
  The Florida Supreme Court held that the 1997 amendment to Florida Rule of Criminal Procedure 3.180(b) cannot be applied retroactively to cases where jury selection occurred before the amendment's effective date of January 1, 1997. The Court also clarified that a valid waiver of a
• J.B. v. State
  679 So. 2d 1296· Fla. 2d DCA· 1996-09-27 ·cited 4×
  J.B. appeals his delinquency disposition for cocaine possession with intent to sell, challenging the denial of his motion to suppress evidence obtained during an allegedly illegal search. The court reversed, finding that police lacked reasonable suspicion to stop and frisk J.B.,
• William Earl Banks v. State
  648 So. 2d 766· Fla. 1st DCA· 1994-11-18 ·cited 4×
  Banks appeals multiple drug and firearm convictions. The First District Court of Appeal reversed his convictions for possession of a firearm by a convicted felon, possession of cocaine, and possession of drug paraphernalia, finding insufficient evidence of constructive possession
• Willis v. State
  583 So. 2d 699· Fla. 1st DCA· 1991-06-21 ·cited 4×
  The court held that confusing jury instructions regarding two counts of possession of cocaine, one a lesser included offense of the other, constituted reversible error.
• Adolf Alvin Mincey v. State
  563 So. 2d 811· Fla. 2d DCA· 1990-06-29 ·cited 4×
  Adolf Alvin Mincey was convicted of four drug offenses—two counts of possession of cocaine with intent to deliver and two counts of delivery of cocaine. The court reversed in part, holding that he could not be convicted of both delivery and possession with intent to deliver for t
• Jones v. State
  558 So. 2d 131· Fla. 1st DCA· 1990-03-12 ·cited 4×
  The Florida District Court of Appeal reviewed a judgment and sentence for drug possession and resisting arrest. The court initially relinquished jurisdiction for a proper inquiry into the defendant's request to discharge his attorney, which led to a new trial order for one charge
• Mercideiu Pepilus v. State
  554 So. 2d 667· Fla. 2d DCA· 1990-01-05 ·cited 4×
  The court held that the absence of a seal on a search warrant affidavit does not render the warrant fatally defective if the officer swore to its truth.
• United States v. Gilmar Salas Morales
  880 F.2d 827· 5th Cir.· 1989-08-07 ·cited 4×
  The court held that the trial court did not err in applying an upward adjustment to the defendant's sentence for possession of a weapon during the commission of the offense.
• Martinez v. State
  526 So. 2d 1080· Fla. 2d DCA· 1988-06-24 ·cited 4×
  The appellate court affirmed the conviction but reversed the sentence due to the trial court's failure to provide written reasons for departing from sentencing guidelines.
• Berg v. State
  384 So. 2d 292· Fla. 4th DCA· 1980-06-11 ·cited 4×
  The court held that the continued search of the appellant's baggage after withdrawal of consent and negative field tests violated the Fourth Amendment.
• Angelia Evette Harris v. State
  72 So. 3d 804· Fla. 4th DCA· 2011-11-02 ·cited 3×
  The defendant was convicted of possession of cocaine with intent to sell within 1,000 feet of a park based on police discovery of approximately 40-50 crack cocaine rocks (5 grams total) and the officer's expert opinion. The court reversed, holding that the circumstantial evidence
• 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.
• Moore v. State
  747 So. 2d 1043· Fla. 4th DCA· 2000-01-05 ·cited 3×
• Latonio Ross v. State
  319 So. 3d 807· Fla. 2d DCA· 2021-06-18 ·cited 2×
  The appellate court reversed the denial of a motion to suppress evidence found during an inventory search of a vehicle. The court held that the impoundment of the vehicle was unlawful because the state failed to present evidence of standardized criteria governing such impoundment
• State v. Schuler
  268 So. 3d 242· Fla. 5th DCA· 2019-04-12 ·cited 2×
  A downward departure sentence under section 921.0026(2)(d) is not supported by competent substantial evidence when the defendant presents only medical records showing minor swelling, over-the-counter treatment, and personal testimony of pain without medical diagnosis, evidence of
• State v. Major Lundy
  233 So. 3d 1252· Fla. 3d DCA· 2017-12-13 ·cited 2×
  The State's appeal from a judgment of acquittal entered after a mistrial, but before a jury verdict, is dismissed for lack of jurisdiction because the State's right to appeal is limited to post-verdict judgments of acquittal.
• Young v. State
  75 So. 3d 351· Fla. 1st DCA· 2011-11-16 ·cited 2×
• Kurtis Barnes v. State
  969 So. 2d 1159· Fla. 4th DCA· 2007-11-21 ·cited 2×
• Wagner v. State
  950 So. 2d 511· Fla. 2d DCA· 2007-03-09 ·cited 2×
  The court held that the State failed to prove beyond a reasonable doubt that the defendant had knowledge of the contraband's presence and the ability to exercise dominion and control over it.
• Dennis v. State
  927 So. 2d 173· Fla. 2d DCA· 2006-04-28 ·cited 2×
  Ricardo Dennis was stopped by warrant officers who believed he resembled a suspect named Jeremiah Williams based on race, gender, hairstyle, and forehead shape. The Florida Second District Court of Appeal reversed Dennis's drug convictions, holding that the officers lacked reason
• Watson v. State
  877 So. 2d 914· Fla. 4th DCA· 2004-07-21 ·cited 2×
  Jake Watson was convicted of possession with intent to sell cocaine found in his grandmother's apartment bedroom. The Fourth District Court of Appeal reversed the conviction, holding that the state failed to prove Watson possessed the cocaine or had control over the bedroom where
• Mathis v. State
  859 So. 2d 1265· Fla. 4th DCA· 2003-11-26 ·cited 2×
  Keith Mathis was convicted of cocaine possession with intent to sell and resisting arrest without violence. The Fourth District Court of Appeal reversed the resisting arrest conviction because the information charged resistance to Officer Jackson, but evidence showed Mathis fled
• Pride v. State
  809 So. 2d 40· Fla. 1st DCA· 2002-02-06 ·cited 2×
  The court held that the trial court erred in admitting hearsay evidence to explain the police investigation, as the circumstances leading to the investigation were not relevant and the evidence was likely misused.
• Garcia v. State
  721 So. 2d 1248· Fla. 3d DCA· 1998-12-23 ·cited 2×
  Florida appellate court affirmed conviction for possession with intent to sell crack cocaine, holding that cocaine evidence was properly admitted despite weight discrepancies because the chain of custody was unbroken and the differences were adequately explained.
• Strong v. State
  714 So. 2d 598· Fla. 5th DCA· 1998-07-10 ·cited 2×
  Billie Strong appeals his conviction for possession of cocaine with intent to sell, arguing insufficient evidence of intent to distribute. The Fifth District Court of Appeal affirmed the conviction but reversed the trial court's imposition of public defender liens without proper
• Nelson v. State
  707 So. 2d 405· Fla. 5th DCA· 1998-03-13 ·cited 2×
  Marlon Nelson was convicted of possession of cocaine with intent to sell or deliver. The appellate court vacated the conviction and remanded for entry of a conviction for the lesser included offense of simple possession, finding insufficient evidence that Nelson possessed the coc
• Barber v. State
  699 So. 2d 325· Fla. 3d DCA· 1997-09-24 ·cited 2×
  The court held that the habitual felony offender statute does not permit enhanced sentencing for possession of cocaine with intent to sell, as it is a violation related to controlled substances.
• Murphy v. State
  684 So. 2d 267· Fla. 4th DCA· 1996-12-04 ·cited 2×
  The court held that the failure to provide a complete jury instruction on the lesser-included offense of simple possession, when requested, warrants reversal and a new trial.
• Moore v. State
  615 So. 2d 874· Fla. 1st DCA· 1993-03-25 ·cited 2×
  Florida appellate court reversed cocaine sale and possession convictions because the trial court failed to conduct a sufficiently thorough Faretta inquiry before allowing the defendant to represent himself at trial.
• Frazier v. State
  608 So. 2d 530· Fla. 5th DCA· 1992-11-13 ·cited 2×
  Frazier appealed his convictions for cocaine possession with intent to deliver, marijuana possession, and drug paraphernalia possession following a warranted search of his residence. The court affirmed the drug convictions but reversed the drug paraphernalia conviction, holding t
• State v. Smith
  601 So. 2d 263· Fla. 1st DCA· 1992-06-02 ·cited 2×
  Florida appealed a trial court's judgment of acquittal on the firearm possession enhancement to drug trafficking charges, arguing the evidence was legally sufficient to support the jury's guilty verdict on that element. The First District Court of Appeal reversed, holding that 'p
• Peterson v. State
  578 So. 2d 25· Fla. 2d DCA· 1991-04-10 ·cited 2×
  The court held that the repeated characterization of the arrest area as a high drug trafficking area by law enforcement officers, over defense objection, constituted prejudicial error requiring a new trial.
• Sierra v. State
  568 So. 2d 1338· Fla. 4th DCA· 1990-10-31 ·cited 2×
  Sierra appeals his conviction for possession with intent to sell cocaine, challenging the legality of the investigatory stop and vehicle search. The Fourth District affirmed the conviction, finding the officers had reasonable suspicion to conduct an investigation and the protecti
• Mirassaint Orillien v. State
  566 So. 2d 590· Fla. 2d DCA· 1990-09-12 ·cited 2×
• Gibson v. State
  565 So. 2d 402· Fla. 1st DCA· 1990-08-13 ·cited 2×
  Sale of cocaine and possession of cocaine with intent to sell constitute a single offense, not two separate offenses, so a defendant cannot be convicted and sentenced for both crimes.
• Wilson v. State
  549 So. 2d 702· Fla. 1st DCA· 1989-09-06 ·cited 2×
  Calvin Wilson appealed his convictions for cocaine sale and possession with intent to sell, challenging prosecutorial misconduct, denial of an entrapment instruction, and double jeopardy violations. The appellate court found the first two claims without merit but agreed that conv
• Stafford v. State
  532 So. 2d 1361· Fla. 1st DCA· 1988-11-07 ·cited 2×
  Patrick Stafford appeals his conviction for possession of cocaine with intent to sell, challenging the denial of his motion to suppress physical evidence discovered during a vehicle stop. The court affirmed the conviction, holding that the initial stop was lawful based on the off
• M.S. v. State
  513 So. 2d 231· Fla. 3d DCA· 1987-09-29 ·cited 2×
  Affirmed the denial of a motion to suppress a search of an abandoned paper bag, but reversed the delinquency adjudication on the greater offense due to double jeopardy principles, vacating the lesser simple possession conviction.
• Parker v. State
  142 So. 3d 960· Fla. 4th DCA· 2014-07-23 ·cited 1×
  Dwight Parker appeals his drug trafficking convictions, challenging the admission of gun-related evidence discovered during a traffic stop that led to the vehicle search. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that evidence of the firea
• Martin v. State
  107 So. 3d 561· Fla. 1st DCA· 2013-02-27 ·cited 1×
  The dissenting justice believes competent evidence exists to reject the appellant's testimony and support a conviction for possession with intent to sell.
• Robinson v. State
  936 So. 2d 1164· Fla. 1st DCA· 2006-08-24 ·cited 1×
  Robinson was convicted of possession of cocaine and possession of drug paraphernalia based on evidence found in his exclusive bedroom within a shared rental house. The appellate court affirmed the convictions, finding sufficient circumstantial evidence of constructive possession
• Duke v. State
  782 So. 2d 547· Fla. 3d DCA· 2001-04-18 ·cited 1×
  The court affirmed the conviction because the defendant failed to raise the issue of evidentiary sufficiency in the trial court.
• Daniels v. State
  543 So. 2d 363· Fla. 1st DCA· 1989-05-16 ·cited 1×
  The court held that the officers lacked a founded suspicion to stop and frisk the defendant, rendering the seizure of cocaine unlawful.
• Legary Lugo v. State
  Fla. 4th DCA· 2026-09-30
  A trial court's failure to enter separate special provisions documents for each count, despite issuing separate corrected sentencing orders and oral pronouncements, requires reversal and remand for correction without resentencing.
• Brown v. State
  Fla. 2d DCA· 2026-09-25
  Florida's use of a six-person jury for noncapital criminal cases does not violate the Sixth or Fourteenth Amendment and does not constitute fundamental error.