Possession With Intent To Distribute Cocaine

1,645 Florida cases classified under this topic, plus 299 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dep't of Child. & Families v. Ross
  263 So. 3d 260· Fla. 5th DCA· 2019-02-01 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
• Perry v. State
  177 So. 3d 982· Fla. 2d DCA· 2014-10-24 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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
• Miami Beach Cosm. & Plastic Surgery Ctr. v. Blue Cross & Blue Shield of Fla., Inc.
  571 F. Supp. 2d 322· S.D. Fla.· 2013-05-30 ·via Aiding And Abetting Possession With Intent To Distribute Cocaine
  The court held that the plaintiff's claims for unpaid medical services constituted state law breach of contract claims concerning the rate of payment, not federal claims preempted by ERISA regarding the right to payment.
• Saint Remy Ylomon v. State
  76 So. 3d 18· Fla. 4th DCA· 2011-11-16 ·via Possession Of Cocaine With Intent To Sell
  The court held that the state failed to prove constructive possession of drugs because it only showed proximity, not dominion and control.
• United States v. Bellaizac-Hurtado
  779 F. Supp. 2d 1344· S.D. Fla.· 2011-03-07
  The court affirmed the Magistrate Judge's recommendation, denying the defendants' motion to dismiss the indictment, finding the Maritime Drug Enforcement Act (MDLEA) constitutional as applied and statutory jurisdiction established.
• Smith v. State
  22 So. 3d 773· Fla. 4th DCA· 2009-11-18 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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.
• United States v. Olmedo
  552 F. Supp. 2d 1347· S.D. Fla.· 2008-04-28
  The court held that the collective knowledge doctrine allowed imputation of probable cause to the officer who stopped the defendant's vehicle, validating the search.
• Harris v. State
  945 So. 2d 584· Fla. 4th DCA· 2006-12-13 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
• Keenan Lewis v. State
  886 So. 2d 255· Fla. 1st DCA· 2004-10-25 ·via Possession Of Cocaine With Intent To Sell
• Armond Black v. State
  842 So. 2d 972· Fla. 5th DCA· 2003-04-11 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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
• United States v. Mosquera
  192 F. Supp. 2d 1334· M.D. Fla.· 2002-01-10
  The court held that the indictment was sufficient, venue was proper, the vessel was subject to U.S. jurisdiction, the relevant statutes were constitutional, and the determination of jurisdiction was a question of law for the court, not the jury.
• United States v. Freeman
  139 F. Supp. 2d 1364· S.D. Fla.· 2001-04-12
  A defendant convicted of a narcotics offense may satisfy the "safety valve" criteria, including truthfully disclosing information about the offense, even if they maintain their innocence and the jury found they had knowledge of the narcotics.
• United States v. Ozuna
  129 F. Supp. 2d 1345· S.D. Fla.· 2001-01-23
  The court held that even if evidence was obtained unconstitutionally, it should not be suppressed because the arresting officer acted lawfully under the law of the jurisdiction where the arrest occurred, and suppression would not deter future misconduct.
• State v. Theartis Daniels
  780 So. 2d 148· Fla. 2d DCA· 2000-12-29 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
• United States v. Diaz
  55 F. Supp. 2d 1362· S.D. Fla.· 1999-02-11
  The court held that the evidence presented was insufficient to sustain a conviction for knowing and intentional participation in a drug smuggling operation, as mere presence on the vessel was not enough.
• United States v. Bodie
  990 F. Supp. 1419· S.D. Fla.· 1997-11-03
  The court held that joinder of defendants was proper under Rule 8(b) and severance under Rule 14 was not warranted, as potential prejudice could be cured by jury instructions and redactions.
• Wright v. State
  704 So. 2d 564· Fla. 1st DCA· 1997-06-17 ·via Possession Of Cocaine With Intent To Sell
  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.
• United States v. Borno
  860 F. Supp. 780· M.D. Fla.· 1996-11-25
  The court held that a handgun seized from a vehicle within the curtilage of a residence, and cash seized from another vehicle, should be suppressed because their incriminating nature was not immediately apparent and they were not listed in the search warrant. However, evidence se
• United States v. Houser
  70 F.3d 87· 11th Cir.· 1995-11-30 ·via Possession With Intent To Distribute Crack Cocaine
  Five defendants appealed their guilty pleas and sentences in a cocaine trafficking conspiracy case. The Eleventh Circuit affirmed their convictions and sentences, holding that the sentencing guidelines do not require capping offense levels at 43 before applying downward adjustmen
• Ruffin v. State
  651 So. 2d 206· Fla. 2d DCA· 1995-03-01 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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 ·via Possession Of Cocaine With Intent To Sell
  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.
• United States v. Cruz-Hernandez
  821 F. Supp. 1336· S.D. Fla.· 1993-09-10
  The Eleventh Circuit held that a Border Patrol agent's observations of a vehicle and its driver, including nervousness and appearance, did not constitute probable cause for a stop, even if they provided reasonable suspicion.
• United States v. Elwood
  999 F.2d 814· 5th Cir.· 1993-08-23
  The court affirmed the defendant's convictions but vacated his sentences and remanded for resentencing because the upward adjustment for a leadership role was not supported by sufficient reliable evidence.
• United States v. Fort
  998 F.2d 542· 7th Cir.· 1993-07-30
  The court held that the evidence was sufficient to support a conspiracy conviction and that the district court did not err in refusing a buyer-seller jury instruction that was inconsistent with the defense's trial strategy.
• United States v. Cedano-Rojas
  999 F.2d 1175· 7th Cir.· 1993-07-26
  The court held that the district court did not err in including the nine kilograms under negotiation and the forty kilograms from prior transactions in the sentencing calculation, nor in denying the acceptance of responsibility reduction.
• United States v. Lawson
  999 F.2d 985· 6th Cir.· 1993-07-23
  The court held that the magistrate had a substantial basis for finding probable cause to issue the search warrant based on the totality of the circumstances, including the controlled delivery of a package containing cocaine.
• United States v. Gary
  999 F.2d 474· 10th Cir.· 1993-07-15
  The court affirmed the defendant's convictions, finding sufficient evidence, no reversible error in admitting co-conspirator statements, and no misapplication of the Sentencing Guidelines.
• United States v. Silas O. Thompkins
  998 F.2d 629· 8th Cir.· 1993-07-15
  The court held that the defendant abandoned the suitcase containing cocaine, and his subsequent seizure was reasonable, thus the cocaine was admissible.
• United States v. Maria E. DE LOS Santos Ferrer
  999 F.2d 7· 1st Cir.· 1993-07-15
  The court held that a defendant's explicit disclaimer of ownership of luggage forfeits any expectation of privacy, allowing police to search the luggage without a warrant, even if the defendant later allegedly consented or a dog alerted to the luggage.
• United States v. Nicholas Castano & Theresa Rodriguez
  999 F.2d 615· 2d Cir.· 1993-07-15
  The court held that a defendant who goes to trial to assert issues not related to factual guilt may be entitled to an acceptance of responsibility reduction, but otherwise, denying factual guilt at trial forecloses such a reduction. The court also held that the erroneous admissio
• United States v. Casel
  995 F.2d 1299· 5th Cir.· 1993-07-13
  The court affirmed the convictions and sentences of the appealing defendants, finding sufficient evidence and no reversible error in the proceedings. Ineffective assistance of counsel claims were dismissed without prejudice.
• United States v. Hatley
  999 F.2d 392· 9th Cir.· 1993-07-08
  The court held that the search of an apparently mobile vehicle, even if inoperable, is permissible under the Fourth Amendment's vehicle exception if officers have probable cause and reasonably believe it is mobile. The court also held that a defendant is not entitled to a minor p