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

• Cadet v. State
  Fla. 2d DCA· 2026-06-10
• Maurio Hall v. State
  Fla. 5th DCA· 2020-09-14
  A conspiracy conviction cannot be sustained where the evidence shows only that one party agreed to sell and another agreed to buy a controlled substance, without evidence that both parties agreed to commit the same crime.
• Lovelace v. State
  Fla. 1st DCA· 2020-08-17
• Barr v. State
  Fla. 1st DCA· 2020-05-08
  The appellate court reversed a conviction for possession of cocaine with intent to sell, finding the case indistinguishable from a prior ruling. The dissenting judge argued the issue was not preserved for appeal and that the evidence was sufficient to support the jury's verdict.
• Dep't of Child. & Families v. Ross
  263 So. 3d 260· Fla. 5th DCA· 2019-02-01
  A commitment order must be supported by evidence that the respondent meets the statutory requirements for commitment under section 916.13, Florida Statutes.
• Darafael McKire v. State
  252 So. 3d 413· Fla. 1st DCA· 2018-08-24
  The state failed to prove constructive or actual possession of marijuana found on gas station property where evidence showed only that the defendant dropped unidentifiable objects in the general vicinity of where marijuana was later found, without testimony, physical evidence, or
• McFarlane v. State
  239 So. 3d 1272· Fla. 2d DCA· 2018-03-21
  When small quantities of drugs are found in a defendant's possession, courts require proof beyond the quantity alone—such as paraphernalia, scales, large amounts of cash, or observed drug sales activity—to establish intent to sell. The State failed to meet this burden where the c
• ST. Louis v. State
  247 So. 3d 586· Fla. 2d DCA· 2018-02-09
  A defendant's conviction for simple possession of cocaine must be vacated as violating double jeopardy when the defendant is also convicted of possession with intent to sell or deliver based on portions of the same single stash of cocaine. The lesser offense of simple possession
• Wagner v. State
  208 So. 3d 1229· Fla. 3d DCA· 2017-01-18
  The court held that the trial court erred by failing to conduct a proper Richardson hearing to inquire about the circumstances and prejudice of a discovery violation.
• Tjavi Devon McKNIGHT v. State
  198 So. 3d 974· Fla. 2d DCA· 2016-08-10
• Perry v. State
  177 So. 3d 982· Fla. 2d DCA· 2014-10-24
  Florida appellate court reversed Perry's drug convictions because the trial court failed to ensure a knowing, intelligent, and voluntary waiver of counsel before allowing him to proceed pro se at a suppression hearing, a critical stage of proceedings.
• Harris v. State
  149 So. 3d 1160· Fla. 4th DCA· 2014-10-22
  The court held that where evidence is insufficient to prove an element of a charged offense (proximity to a park), but sufficient to prove a lesser included offense (possession with intent to sell), the appellate court must direct the trial court to enter judgment for the lesser
• Saint Remy Ylomon v. State
  76 So. 3d 18· Fla. 4th DCA· 2011-11-16
  The court held that the state failed to prove constructive possession of drugs because it only showed proximity, not dominion and control.
• Smith v. State
  22 So. 3d 773· Fla. 4th DCA· 2009-11-18
  John Smith appealed the denial of his motion to suppress evidence obtained during a search incident to arrest for violating the open container ordinance. The trial court found probable cause for the arrest based on the officer's observations of Smith drinking from a cup in public
• Hayes v. State
  19 So. 3d 435· Fla. 3d DCA· 2009-09-30
  The State conceded that double jeopardy principles prohibit convictions for both trafficking in cocaine and possession with intent to sell the same cocaine, so the court reversed the lesser conviction and vacated it while affirming the trafficking conviction.
• McFEE v. State
  990 So. 2d 12· Fla. 5th DCA· 2008-08-01
  Florida appellate court affirmed drug trafficking convictions but reversed the conviction for simple possession of cannabis as duplicative of the possession-with-intent-to-sell conviction, violating double jeopardy.
• Harris v. State
  945 So. 2d 584· Fla. 4th DCA· 2006-12-13
  The court held that the trial court erred by failing to conduct a Richardson hearing to address the state's discovery violation regarding a prior drug sale, which prejudiced the defendant and required a new trial.
• Manuel v. State
  932 So. 2d 1120· Fla. 3d DCA· 2006-06-14
  The court held that the arresting officer lacked reasonable suspicion to detain the defendant, making the subsequent seizure of evidence illegal.
• Shamir J. Suber v. State
  921 So. 2d 13· Fla. 5th DCA· 2006-01-06
  Appellant's convictions for manslaughter and vehicular homicide arising from a single homicide were vacated because the trial court adjudicated and sentenced him only for DUI manslaughter, making the additional convictions duplicative and improper.
• Perkins v. State
  889 So. 2d 144· Fla. 1st DCA· 2004-12-03
• Keenan Lewis v. State
  886 So. 2d 255· Fla. 1st DCA· 2004-10-25
• Armond Black v. State
  842 So. 2d 972· Fla. 5th DCA· 2003-04-11
  The court held that commingling of alleged cocaine by the state's chemist before testing does not preclude a conviction for possession if the defendant possessed the substance at any point.
• Dortch v. State
  848 So. 2d 1159· Fla. 1st DCA· 2003-03-21
  Appellant Dortch was convicted of possession of cocaine with intent to sell or deliver following a jury trial. The appellate court reversed the conviction, finding the evidence legally insufficient to establish the essential element of intent to sell, and remanded for entry of ju
• State v. Theartis Daniels
  780 So. 2d 148· Fla. 2d DCA· 2000-12-29
  The State appealed the dismissal of a cocaine possession charge against Daniels on double jeopardy grounds. The court reversed, holding that probation revocation does not constitute punishment for a new offense and therefore does not implicate double jeopardy protections.
• Campuzano v. State
  771 So. 2d 1238· Fla. 4th DCA· 2000-11-08
  Jose Campuzano appeals his conviction for cocaine possession with intent to sell, challenging the denial of his motion to suppress evidence seized during a stop and frisk based on an anonymous tip. The Fourth District Court of Appeal affirmed, holding that the anonymous tip provi
• McCRAY v. State
  769 So. 2d 1123· Fla. 2d DCA· 2000-10-06
  The court reversed the habitual offender designation for possession of cocaine with intent to sell because such designation is prohibited by statute, but affirmed the fifteen-year sentence as a legal guidelines sentence requiring no resentencing.
• O.L.M. v. State
  767 So. 2d 617· Fla. 3d DCA· 2000-09-20
  A juvenile was adjudicated delinquent for constructive possession of cocaine based on circumstantial evidence showing him reaching into a dumpster where cocaine was later found. The appellate court reversed, holding that the circumstantial evidence failed to exclude reasonable hy
• Reshard Smith v. State
  762 So. 2d 577· Fla. 5th DCA· 2000-07-14
  The court held that the circumstantial evidence was insufficient to prove intent to sell cocaine near a church.
• Terrius Vonchay Williams v. State
  730 So. 2d 863· Fla. 1st DCA· 1999-05-05
• Wright v. State
  704 So. 2d 564· Fla. 1st DCA· 1997-06-17
  The court held that the trial court's failure to give a requested jury instruction on the lesser-included offense of simple possession of cocaine constituted reversible error.
• Ruffin v. State
  651 So. 2d 206· Fla. 2d DCA· 1995-03-01
  David Ruffin appeals the denial of his motion to suppress cocaine found during a traffic stop, challenging the trial court's application of the inevitable discovery doctrine. The appellate court reverses, finding that the cocaine was unlawfully seized and that inevitable discover
• Ernsley Tony v. State
  644 So. 2d 168· Fla. 4th DCA· 1994-10-26
  The court held that the admission of $52.00 cash and a beeper was erroneous because they were irrelevant to the charges.
• Bryant v. State
  638 So. 2d 997· Fla. 4th DCA· 1994-06-15
  The court affirmed Bryant's conviction for possession of cocaine with intent to sell, relying on the parallel decision in Jean v. State involving the same drug raid.
• Johnson v. State
  606 So. 2d 1287· Fla. 4th DCA· 1992-11-12
  The court reversed and remanded because the defendant's seven-year sentence for cannabis possession with intent to sell exceeded the statutory maximum of five years, and the judgment incorrectly classified cocaine possession with intent to sell as a first-degree rather than secon
• Leotis Powell v. State
  602 So. 2d 695· Fla. 1st DCA· 1992-08-07
• Nelson v. State
  600 So. 2d 1317· Fla. 1st DCA· 1992-07-23
• G.S. v. State
  586 So. 2d 501· Fla. 3d DCA· 1991-10-01
• Albury v. State
  585 So. 2d 509· Fla. 3d DCA· 1991-09-24
• B.S. v. State
  572 So. 2d 1037· Fla. 3d DCA· 1991-01-22
  The court held that while the evidence was insufficient to prove intent to sell cocaine, it was sufficient to prove simple possession of cocaine.
• Oliver v. State
  569 So. 2d 945· Fla. 1st DCA· 1990-11-21
  Court reversed convictions for possession with intent to sell and sale of cocaine arising from two controlled buys, holding that separate convictions for both crimes from a single transaction violate double jeopardy principles, and remanded for vacation of one conviction per tran
• Richardson v. State
  566 So. 2d 33· Fla. 1st DCA· 1990-08-16
  Ronald Richardson was convicted of conspiracy to sell or deliver cocaine based on testimony about his co-conspirator brother's collateral crimes and a taped telephone conversation. The appellate court reversed the conviction, finding the collateral crime evidence inadmissible and
• United States v. Sumlin
  909 F.2d 1218· 8th Cir.· 1990-07-31
  The court held that the search of the stolen purse was reasonable and the evidence was sufficient to support the conviction.
• Jones v. State
  562 So. 2d 860· Fla. 1st DCA· 1990-06-25
• Williams v. State
  561 So. 2d 1277· Fla. 2d DCA· 1990-05-23
• Felton Dixon v. State
  560 So. 2d 335· Fla. 1st DCA· 1990-04-25
  Felton Dixon appealed his convictions for cocaine sale, possession with intent to sell cocaine, and cannabis possession, challenging the trial court's evidentiary rulings and sentencing methodology. The appellate court affirmed the convictions but reversed the sentencing because
• Sharpe v. State
  547 So. 2d 334· Fla. 1st DCA· 1989-08-10
  Derrick Sharpe appealed his conviction for possession of cocaine with intent to sell after entering a nolo contendere plea, challenging the trial court's denial of his motion to withdraw the plea when the court refused to follow the joint sentencing recommendation of the state an
• Shellie G. Lipscomb v. State
  534 So. 2d 1202· Fla. 2d DCA· 1988-11-18
  Shellie Lipscomb appealed his convictions for trafficking in cocaine and possession of cocaine with intent to sell. The court vacated the possession conviction as violating double jeopardy because both charges arose from the same transaction, but affirmed the trial court's one-ce
• Alvaro Antonio Hurtado v. State
  533 So. 2d 304· Fla. 1st DCA· 1988-11-07
  The court held that while the initial stop and subsequent search of the vehicle were proper based on consent, the convictions for both trafficking in cocaine and possession of cocaine with intent to sell were improper.
• Twanda L. KEY v. State
  528 So. 2d 916· Fla. 2d DCA· 1988-07-22
  Twanda Key appeals her convictions for possession of cocaine with intent to sell and sale of cocaine, arguing that the dual convictions violate double jeopardy because they arise from a single act. The court applied controlling precedent from Gordon v. State to hold that both con
• Wilson v. State
  530 So. 2d 347· Fla. 2d DCA· 1988-07-20