K.J., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the juvenile's adjudication of delinquency for possession of cannabis with intent to sell, finding sufficient circumstantial evidence of intent to sell based on the quantity, packaging, and the juvenile's conduct upon police arrival.
Circumstantial evidence of intent to sell marijuana is sufficiently established by the quantity of marijuana, its packaging in multiple small bags, and the juvenile's flight upon police arrival.
[1] Packaging of marijuana in multiple small bags combined with quantity and defendant's conduct upon police arrival constitutes sufficient circumstantial evidence of intent…
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Join FLexlaw to unlock all legal intelligenceA juvenile was found in actual possession of a large brown paper bag containing five smaller bags with several manila envelopes totaling 29.8 grams of…
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PER CURIAM.
The respondent appeals an adjudication of delinquency for possession of cannabis with the intent to sell after a denial of his motion for judgment of acquittal.
In this case the juvenile was observed in actual possession of a large brown paper bag in which was found five little brown paper bags which in turn contained several manila envelopes bearing a total amount of 29.8 grams of marijuana. The respondent dropped the bags and ran from one room of the house to another when the police arrived to execute the search warrant. This fact supports the conclusion that the respondent knew that the packages contained marijuana. Further, the juvenile was arrested on the premises where a marijuana purchase had been made the previous day by an undercover officer in which the same types of packages had been used.
There is sufficient circumstantial evidence of the juvenile’s intent to sell the marijuana. The large amount of marijuana and the way it was packaged supports the inference that it was not intended for defendant’s personal use but rather for resale. See Evans v. State, 368 So. 2d 58 (Fla. 1st DCA 1978) (inference that marijuana was not for personal use but rather for resale arises from the way it was packaged); K.M. v. State, 545 So. 2d 464 (Fla. 3d DCA 1989) (packaging in addition to quan tity of drugs is circumstantial evidence of intent to sell).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bruce v. State, 616 So. 2d 504 (Fla. 3d DCA 1993)…n and five packets of cocaine — worth approximately $470.00) was more consistent with an intent to distribute than with personal use.”); see Baten v. State, 579 So. 2d 764 (Fla. 5th DCA 1991), review denied, 589 So. 2d 289 (Fla.1991); K.J. v. State, 557 So. 2d 134 (Fla. 3d DCA 1990). Compare McCullough v. State, 541 So. 2d 720 (Fla. 4th DCA 1989) (small quantity alone insufficient to prove intent to sell); C.L.L. v. State, 566 So. 2d 878 (Fla. 3d DCA 1990) (evidence insufficient in absence of expert police te…
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Antwain Gamble v. State, 644 So. 2d 1376 (Fla. 5th DCA 1994)…978, 112 L.Ed.2d 1063 (1991) (4.9 grams of cocaine); Bruce v. State, 616 So. 2d 504 (Fla. 3d DCA 1993) (13 rocks of cocaine); Baten v. State, 579 So. 2d 764 (Fla. 5th DCA), rev. denied, 589 So. 2d 289 (Fla.1991) (26 rocks of cocaine); K.J. v. State, 557 So. 2d 134 (Fla. 3d DCA 1990) (298 grams of marijuana). . K.J. (packaging of drugs a factor); K.M. (packaging of drugs a factor). . See Lobo v. Metro-Dade Police Department. . See Baten; Williams.…
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Eli Scarlett v. State, 704 So. 2d 615 (Fla. 4th DCA 1997)…cocaine users only carry a maximum of three rocks of cocaine on then-person, and officer was convinced that defendant intended to sell them because he had so many rocks in two different baggies, of sale-able, commercial street size); K.J. v. State, 557 So. 2d 134 (Fla. 3d DCA 1990) (the large amount of marijuana and the way it was packaged supports the inference that it was not intended for defendant’s personal use but rather for resale); K.M. v. State, 545 So. 2d 464, 464 (Fla. 3d DCA 1989) (“The state pres…
Authorities Cited
- K.M. v. State, 545 So. 2d 464 (Fla. 3d DCA 1989)
- Evans v. State, 368 So. 2d 58 (Fla. 1st DCA 1979)