DORIL R. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-11-21
No. 89-02915
HALL and PARKER, JJ., concur.
569 So. 2d 1376 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 12 cases

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Synopsis

Doril Williams was convicted of possession of cocaine with intent to sell, but the Florida appellate court reversed, finding insufficient evidence of intent to sell. The court vacated the conviction for the trafficking charge, struck court costs, and remanded for resentencing on the lesser offense of simple possession.


Holding

The conviction for possession of cocaine with intent to sell was reversed because the state failed to present substantial, competent circumstantial evidence of intent to sell. The court vacated the court costs and remanded for resentencing on the lesser charge of simple possession of cocaine. The scoresheet issue was declined as moot.


Headnotes

[1] Circumstantial evidence of intent to sell drugs must be inconsistent with any reasonable hypothesis of innocence, such as personal use.

[2] A small quantity of drugs, such as ten pieces of cocaine, is not alone sufficient evidence to infer intent to sell.

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Key Quotes

“In order to convict on circumstantial evidence, however, the jury must find that the circumstantial evidence is inconsistent with any reasonable hypothesis of innocence, here, that appellant possessed the cocaine for personal use.”

Establishes the legal standard for conviction based on circumstantial evidence of intent to sell

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Facts & Procedural History

On April 27, 1989, police executed a search warrant on Williams' apartment and found a matchbox containing ten pieces of cocaine on a bathroom cabinet…

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Opinion of the Court
CAMPBELL, Acting Chief Judge.

CAMPBELL, Acting Chief Judge.

Appellant, Doril R. Williams, was convicted of possession of cocaine with intent to sell, possession of cannabis and possession of drug paraphernalia. He challenges his conviction for possession of cocaine with intent to sell on the ground that the state presented insufficient evidence of his intent to sell. He also asks this court to vacate the court costs assessed and to remand for resentencing with a scoresheet. We vacate his conviction for possession of cocaine with intent to sell, strike the costs assessed and remand for resentencing.

On April 27, 1989, a search team, armed with a warrant, searched appellant’s apartment. They found a matchbox containing ten pieces of cocaine on top of the bathroom cabinet. They also found marijuana rolling papers and razor blades on top of a built-in vanity in a bedroom, and a gun and a package of shells in another bedroom.

Appellant was convicted by a jury and was sentenced to twenty-two months in prison on the cocaine charge and to thirty days county jail with credit for time served on the other counts. The court imposed costs of $237, reduced to a judgment lien.

Appellant maintains that there was insufficient evidence of his intent to sell. Since there was no direct evidence, the question of appellant’s intent had to be inferred from circumstantial evidence. In order to convict on circumstantial evidence, however, the jury must find that the circumstantial evidence is inconsistent with any reasonable hypothesis of innocence, here, that appellant possessed the cocaine for personal use. State v. Law, 559 So. 2d 187, 188 (Fla. 1989). On appeal, we will not reverse a jury’s determination of that issue unless we find that the verdict is not supported by competent, substantial evidence. Id.

The state here attempted to prove appellant’s intent to sell with the circumstantial evidence that appellant possessed ten pieces of cocaine, marijuana rolling papers, razor blades, $72 and a weapon. We agree with appellant that this evidence does not constitute substantial, competent evidence to support the jury verdict and, accordingly, reverse.

The small quantity of cocaine, ten pieces, is not indicative of an intent to sell, but points rather to possession for personal use. See McCullough v. State, 541 So. 2d 720 (Fla. 4th DCA 1989). There was no proof as to value. The presence of cannabis and rolling papers does not show an intent to sell cocaine, and the presence of razor blades is as consistent with personal use as it is with sale. Similarly, the presence of a small amount of cash in one bedroom and a firearm in another bedroom is not inconsistent with appellant’s theory that he possessed the cocaine for personal use, and not for sale. We find that the presence of these items in appellant’s apartment is not inconsistent with appellant’s theory that the cocaine was for personal use, and conclude that the state raised only a mere suspicion of intent to sell.

Since the state did not present substantial, competent evidence to support the jury verdict, we reverse and remand with directions to vacate the conviction and sentence for possession of cocaine with intent to sell, to substitute a conviction for possession of cocaine and to sentence appellant on the lesser charge.

Appellant also raises the absence of a scoresheet. Since we remand for resentencing on appellant’s first issue, we decline to address this issue as moot.

Finally, we order stricken the imposition of court costs without prejudice to the state to seek reimposition after resentencing and proper notice and opportunity to be heard.

HALL and PARKER, JJ., concur.


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Citator

Cited By

  • Jackson v. State, 818 So. 2d 539 (Fla. 2d DCA 2002)
    …t to show intent to sell. See Nelson v. State, 707 So. 2d 405, 406 (Fla. 5th DCA 1998) (holding that evidence of six individually wrapped pieces of cocaine was insufficient to support conviction of possession with intent to 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) (…
  • Valentin v. State, 974 So. 2d 629 (Fla. 4th DCA 2008)
    …sell); D.R.C. v. State, 670 So. 2d 1183 (Fla. 5th DCA 1996) (evidence that officers observed the accused discard twenty-three separate, un [*631] wrapped rocks of cocaine was insufficient to prove possession with intent to sell); Williams v. State, 569 So. 2d 1376, 1377 (Fla. 2d DCA 1990) (evidence consisting of ten pieces of cocaine, marijuana rolling paper, $72, and a weapon was not sufficient to prove intent to sell); C.L.L. v. State, 566 So. 2d 878 (Fla. 3d DCA 1990) (evidence of ten pieces of cocaine in…
  • Alleyne v. State, 42 So. 3d 948 (Fla. 4th DCA 2010)
    …ney found on Valentin, while Alleyne had $36 in his pocket and another $20 found in the paper bag with the marijuana. However, neither the amount of money found, nor the denominations of it were inconsistent with personal use. See Williams v. State, 569 So. 2d 1376, 1377 (Fla. 2d DCA 1990) (holding that evidence consisting of 10 pieces of cocaine, marijuana rolling paper, $72, and a weapon was not sufficient to prove intent to sell). Second, while the [*951] arresting officer in Valentin admitted the possibili…

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