C.L.L., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was insufficient to exclude a reasonable hypothesis of innocence regarding intent to sell, but sufficient for simple possession.
Appellant was stopped by police and dropped a bag containing ten individually packaged cocaine rocks weighing one gram. The officer testified this pac…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Possession Of Cocaine With Intent To Sell cases and more on FLexlaw
PER CURIAM.
C.L.L. appeals his adjudication of delinquency for possession of cocaine with intent to sell. He concedes that the evidence was sufficient to convict him of possession, but contends that the evidence does not exclude a reasonable hypothesis of innocence with respect to the charge of possession with intent to sell, namely, that he possessed the contraband for personal use. We agree.
C.L.L. was stopped by a police officer initially because there was probable cause to believe he had committed a trespass in an unoccupied trailer park. C.L.L. dropped a plastic bag which contained ten cocaine rocks, each packaged in an individual small zip-lock plastic bag. The ten cocaine rocks collectively weighed one gram.
At trial the police officer testified that the method of packaging used in this case is a common method of packaging rock cocaine. The officer did not testify that the quantity and packaging were indicative of an intent to sell, as opposed to holding the contraband for personal use. In other words, assuming arguendo that a seller might hold cocaine packaged in this fashion for purposes of sale, the record fails to negate the hypothesis that C.L.L. was a buyer who had purchased the cocaine for personal use. See McCullough v. State, 541 So. 2d 720 (Fla. 4th DCA 1989). The trier of fact could have considered appro priate expert testimony on the point, but none was offered in this case.
The State relies on K.M. v. State, 545 So. 2d 464 (Fla. 3d DCA 1989), but the ruling in that case depended not only on the packaging of the drugs but also the officer’s expert testimony. The result we reach is consistent with both McCullough and K.M.
*
Accordingly, we reverse insofar as the trial court found that C.L.L. possessed cocaine with intent to sell, but affirm the adjudication of delinquency on the basis that C.L.L. had committed the lesser offense of possession of cocaine.
*
Indeed, K.M. relied on McCullough. 545 So. 2d at 464.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jackson v. State, 818 So. 2d 539 (Fla. 2d DCA 2002)…o sell); Williams v. State, 569 So. 2d 1376, 1377 (Fla. 2d DCA 1990) (vacating conviction of possession with intent to sell where State proved possession of ten pieces of cocaine, marijuana rolling papers, $72 in cash and a weapon); C.L.L. v. State, 566 So. 2d 878, 878-79 (Fla. 3d DCA 1990) (adjudicating juvenile delinquent of lesser offense of possession of cocaine where evidence showed possession of ten pieces of cocaine in ring baggies). Therefore, Jackson’s conviction for possessing cocaine with intent to…
-
Bruce v. State, 616 So. 2d 504 (Fla. 3d DCA 1993)…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 testimony that quantity and packaging of drugs were indicative of intent to sell). Affirmed. . This case presents an a fortiori situation, because the thirteen rocks in Stoud…
-
Antwain Gamble v. State, 644 So. 2d 1376 (Fla. 5th DCA 1994)…consistent with a personal use stash. The court in McCullough pointed out that if the amount of drugs is small, proof of other suspicious circumstances will be required to sustain a conviction for possession with intent to sell. In C.L.L. v. State, 566 So. 2d 878 (Fla. 3d DCA 1990), proof that the defendant possessed ten rocks of cocaine (one gram) was held insufficient to sustain his conviction. The court in C.L.L. noted that at the trial in that case, “the trier of fact could have considered appropriate ex…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Worth Moses McCULLOUGH v. State, 541 So. 2d 720 (Fla. 4th DCA 1989)
- K.M. v. State, 545 So. 2d 464 (Fla. 3d DCA 1989)