Possession Of Marijuana With Intent To Sell

43 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
• Zeinida Morales v. State
  407 So. 2d 321· Fla. 3d DCA· 1981-12-15 ·cited 54×
  The Florida appellate court upheld convictions for marijuana possession arising from a warrantless search of vessels in U.S. territorial waters, holding that the search constituted a lawful border search exception to the Fourth Amendment warrant requirement, despite the governmen
• Gardner v. State
  661 So. 2d 1274· Fla. 5th DCA· 1996-10-27 ·cited 48×
  The Florida District Court of Appeal affirmed a defendant's conviction and sentence for drug and firearm offenses. The court held that additional points for firearm use were properly scored on the sentencing guidelines, and that sentences exceeding statutory maximums were permiss
• United States v. Glenn
  667 F.2d 1269· 9th Cir.· 1982-02-01 ·cited 44×
• Paccione v. State
  698 So. 2d 252· Fla.· 1997-08-21 ·cited 39×
  A person cannot be separately convicted and punished for both possession of marijuana with intent to sell and simple possession of the same marijuana.
• 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
• Cisneros v. State
  678 So. 2d 888· Fla. 4th DCA· 1996-08-21 ·cited 34×
  Esperanza Cisneros was convicted of marijuana possession with intent to sell based primarily on testimony from Sergeant Hagler. The court reversed and remanded for a new trial because the prosecutor made improper closing arguments that bolstered the officer's credibility by sugge
• Cobb v. State
  378 So. 2d 82· Fla. 3d DCA· 1979-12-18 ·cited 21×
  James Cobb appeals his convictions for possession of marijuana and methaqualone with intent to sell. The court affirms the marijuana conviction under the plain view doctrine but reverses the methaqualone conviction, holding that a briefcase requires a warrant to search even when
• Eli Scarlett v. State
  704 So. 2d 615· Fla. 4th DCA· 1997-10-22 ·cited 20×
  The Fourth District Court of Appeal affirmed Scarlett's conviction for marijuana possession with intent to sell and drug paraphernalia possession. The court held that expert testimony regarding drug quantity and packaging as indicators of intent to sell is admissible, distinguish
• United States v. Doty
  714 F.2d 761· 8th Cir.· 1983-07-29 ·cited 16×
  The court held that the affidavits provided a substantial basis for probable cause to issue the search warrant, and the destruction of the marijuana plants did not violate due process.
• Williams v. State
  959 So. 2d 790· Fla. 2d DCA· 2007-06-22 ·cited 15×
  Antonio Williams appeals his convictions for multiple offenses arising from his November 2004 encounter with Lake Wales police officers. The court affirmed his convictions for resisting with violence, battery on a law enforcement officer, and drug-related offenses, but reversed h
• Brown v. State
  392 So. 2d 280· Fla. 1st DCA· 1980-12-02 ·cited 12×
  The Florida Court of Appeal reversed a drug conviction because the warrantless entry into the defendant's home to arrest him violated the Fourth Amendment under Payton v. New York. The court allowed suppression of evidence seized during the arrest but upheld the search warrant ev
• Hall v. State
  382 So. 2d 742· Fla. 2d DCA· 1980-03-28 ·cited 12×
  Caroline Marie Hall and James Larry Hall appeal their convictions for possession of marijuana with intent to sell. The court reverses, holding that where a controlled substance is found in premises under joint possession, the state must present affirmative proof of the defendants
• Smith v. State
  333 So. 2d 91· Fla. 1st DCA· 1976-06-07 ·cited 11×
  The court held that even if the arrest was unlawful, the convictions must be affirmed because the evidence was voluntarily abandoned and not the fruit of an unlawful search.
• Rodriguez v. State
  395 So. 2d 555· Fla. 2d DCA· 1981-02-04 ·cited 10×
  In consolidated appeals of six defendants convicted of felony marijuana possession, the court affirmed all convictions but vacated the sentences imposed on two defendants for simple possession where they were also sentenced for the lesser-included offense of possession with inten
• Mahla v. State
  383 So. 2d 730· Fla. 1st DCA· 1980-05-13 ·cited 10×
  Mahla appeals his conviction for possession of marijuana with intent to sell, challenging the validity of the search warrant and arrest procedures used by Inspector Pease at an agricultural inspection station. The Florida appellate court affirmed the conviction, holding that the
• Beauchamp v. State
  742 So. 2d 431· Fla. 2d DCA· 1999-09-15 ·cited 9×
  The court held that university police could not enter a student's dormitory suite without a warrant or resident permission, even if investigating a crime.
• Alleyne v. State
  42 So. 3d 948· Fla. 4th DCA· 2010-09-01 ·cited 8×
  The court held that the circumstantial evidence was insufficient to prove intent to sell marijuana, reversing the conviction for that offense.
• Searn Jerome Simmons v. State
  913 So. 2d 19· Fla. 2d DCA· 2005-09-14 ·cited 8×
  Searn Jerome Simmons appealed consolidated convictions for drug and firearm possession in Sarasota County and a probation revocation in Manatee County. The court reversed the Sarasota convictions because officers failed to comply with knock-and-announce procedures when executing
• Dozier v. State
  668 So. 2d 1010· Fla. 2d DCA· 1996-01-31 ·cited 8×
• Behr v. State
  376 So. 2d 398· Fla. 1st DCA· 1979-10-11 ·cited 8×
  Steven Alan Behr was convicted of possession of marijuana and appealed the denial of his motions to suppress evidence seized from his truck and a warehouse. The Florida District Court of Appeal affirmed the conviction, holding that police had probable cause based on extensive sur
• Sizemore v. State
  939 So. 2d 209· Fla. 1st DCA· 2006-10-11 ·cited 6×
  The court held that the defendant's consent to search was not voluntary because he was effectively detained and acquiesced to apparent police authority, despite being told he was free to go.
• Barnes v. State
  838 So. 2d 641· Fla. 5th DCA· 2003-02-28 ·cited 6×
  Robert Barnes was convicted of marijuana possession with intent to sell after police found ten individually wrapped bags of marijuana and $4,476 in cash in his vehicle. On appeal, Barnes challenged the sufficiency of evidence for the intent-to-sell element, but the court affirmed
• Algar Ferguson v. Judge James A. Knight
  792 F.2d 581· 6th Cir.· 1986-06-11 ·cited 6×
  The court held that the use of a prior conviction to prove intent to sell in a second offense trafficking charge, without a limiting instruction, did not violate the Constitution under the Jackson v. Virginia standard.
• Rodriguez v. State
  958 So. 2d 469· Fla. 2d DCA· 2007-05-11 ·cited 5×
  A defendant's nolo contendere plea does not preclude a double jeopardy challenge when the violation is apparent from the record and the plea was not a bargained-for exchange for a specific benefit.
• Britt v. State
  673 So. 2d 934· Fla. 1st DCA· 1996-05-20 ·cited 4×
  Anita Britt was convicted of possession of marijuana with intent to sell after police officer Sievers pursued an unrelated suspect into her apartment without a warrant and observed drugs inside. The court reversed the conviction, holding that an officer cannot lawfully enter a th
• Sims v. State
  425 So. 2d 563· Fla. 4th DCA· 1982-12-15 ·cited 4×
  This case involves seven defendants charged with marijuana possession who appealed the partial denial of their motions to suppress evidence. The court addressed standing under Fourth Amendment doctrine following the Supreme Court's recession from the automatic standing rule in Jo
• Alva Nick Davis v. State
  371 So. 2d 721· Fla. 1st DCA· 1979-06-13 ·cited 4×
  Davis was convicted on two drug charges and sentenced to five years on count II (unlawful possession of drug paraphernalia). The Florida appellate court vacated the sentence on count II because the information failed to allege facts necessary to make it a felony, requiring that t
• Helms v. State
  349 So. 2d 726· Fla. 4th DCA· 1977-08-23 ·cited 4×
  Tony Helms appealed his conviction on three counts of marijuana possession with intent to sell and one count of accessory after the fact. The court affirmed the possession convictions but reversed the accessory conviction, finding insufficient evidence that Helms intended to help
• Friedson v. State
  207 So. 3d 961· Fla. 5th DCA· 2016-12-16 ·cited 3×
  Matthew Friedson appeals the denial of his motion to suppress evidence obtained from his apartment via search warrant. The court found that detectives exceeded the scope of a lawful knock-and-talk by moving off the front porch to peer through a window and smell marijuana from the
• Thomas v. State
  125 So. 3d 874· Fla. 4th DCA· 2013-04-17 ·cited 3×
  Jesse Thomas appealed his convictions for racketeering, conspiracy to commit racketeering, drug possession, and other crimes. The Fourth District Court of Appeal affirmed the convictions, rejecting arguments that the Office of the Statewide Prosecutor lacked jurisdiction, that in
• Henderson v. State
  952 So. 2d 1269· Fla. 2d DCA· 2007-04-13 ·cited 2×
  Sherman Henderson was convicted of possession of marijuana with intent to sell within 1000 feet of a public housing facility. The court reversed because the 1000-foot proximity enhancement did not take effect until after Henderson committed the offense; the applicable 2002 statut
• C.C. v. State
  823 So. 2d 263· Fla. 3d DCA· 2002-08-07 ·cited 2×
• Zackery Shabazz Peterson v. State
  743 So. 2d 1134· Fla. 1st DCA· 1999-09-22 ·cited 2×
  In this direct criminal appeal, the First District Court of Appeal reversed Peterson's conviction for simple possession of marijuana and his habitual felony offender sentence for possession with intent to sell, finding a double jeopardy violation under Paccione v. State and an il
• Paccione v. State
  676 So. 2d 529· Fla. 4th DCA· 1996-07-17 ·cited 2×
• United States v. Seidman
  503 F.2d 1027· 9th Cir.· 1974-09-18 ·cited 2×
  The court held that the trial judge did not err in refusing to strike the entire jury panel, in refusing to admit a newspaper advertisement into evidence, or in finding the evidence sufficient to support the conviction.
• Tawon Dontay Riley v. State
  Fla. 2d DCA· 2020-01-31
  The appellate court affirmed a direct criminal contempt conviction against Tawon Riley, despite the trial court's improper use of bailiff statements. The court found that Riley's disruptive behavior and communication with the jury venire, which the judge did observe, provided a s
• Jones v. State
  271 So. 3d 109· Fla. 3d DCA· 2019-03-06
  Willie Jones appealed his convictions for trafficking in cocaine, possession of marijuana with intent to sell, and possession of drug paraphernalia, arguing that the trial court's comments shifted the burden of proof and prejudiced his defense. The court affirmed Jones' convictio
• Sniceson Fleury v. State
  254 So. 3d 975· Fla. 4th DCA· 2018-07-25
  A pretrial release condition requiring a defendant to demonstrate that bond funds are not derived from illegal activity is authorized by Florida law under § 903.046(2)(f) and does not constitute unconstitutional pretrial detention when imposed as a reasonable condition of release
• 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.
• Darrow Gracey v. State
  23 So. 3d 855· Fla. 1st DCA· 2009-12-15
• S.J.J. v. Gnat
  707 So. 2d 393· Fla. 1st DCA· 1998-02-27
  Juvenile charged with second-degree felony drug possession near school qualifies for release from detention because he lacks prior criminal record and does not meet statutory criteria for pre-adjudication detention under Florida law.
• Brown v. State
  418 So. 2d 425· Fla. 1st DCA· 1982-08-23
  The court held that the trial court correctly interpreted the prior appellate mandate and did not err in its post-remand orders.