ROBERT BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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, holding that the separate packaging of drugs combined with the substantial cash found together supported a jury inference of intent to sell.
The court affirmed the conviction, holding that the circumstantial evidence—separate packaging of the drugs combined with the substantial amount of cash kept together with the drugs—was sufficient to support a jury finding of intent to sell, and the trial court properly denied the motion for judgment of acquittal.
[1] Circumstantial evidence, including the separate packaging of drugs and the presence of a substantial sum of cash kept with the drugs, may be sufficient to support a jury…
[2] The presence of individually wrapped baggies of a controlled substance, combined with a significant amount of cash, can create a jury issue on the element of intent to se…
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Join FLexlaw to unlock all legal intelligence“We believe the circumstantial evidence in this case was sufficient to deny Appellant's motion for judgment of acquittal and submit the case to the jury.”
Court's holding that evidence was adequate to allow jury to decide intent element
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBarnes was a passenger in a vehicle in bumper-to-bumper traffic during a special event in Daytona Beach when officers approached and smelled cannabis.…
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TORPY, J.
Appellant was one of two passengers in the back seat of a vehicle traveling in bumper to bumper traffic during a special event in Daytona Beach. Officers approached the vehicle on foot, noting a violation of the traffic laws. As the officers got close to the vehicle, they smelled the odor of cannabis and observed Appellant and another passenger placing clear baggies of green leafy substance into a cigar box. When Appellant was confronted by the officers, he threw the box into the back window area of the vehicle. The box was subsequently retrieved by the officers and found to contain ten individually wrapped baggies of marijuana and $4,476 in United States currency. Appellant was charged with possession of marijuana with intent to sell. Appellant testified at his trial that he worked for his father as a plasterer, and that his father always paid him in cash. He said that he carried the large amount of cash because he did not maintain a checking account or have a credit card. The jury convicted Appellant as charged.
The sole issue on appeal is whether Appellant’s timely motion for judgment of acquittal should have been granted. Appellant argues the evidence was insufficient to support a jury finding on the intent element. We affirm.
We believe the circumstantial evidence in this case was sufficient to deny Appellant’s motion for judgment of acquittal and submit the case to the jury. Willingham v. State, 781 So. 2d 512 (Fla. 5th DCA 2001) (small amount of cocaine together with $330 in cash and scale sufficient to create jury issue); Melton v. State, 824 So. 2d 948 (Fla. 1st DCA 2002) (small amount of crack cocaine located in proximity to firearm sufficient to create jury issue).
McCullough v. State, 541 So. 2d 720 (Fla. 4th DCA 1989), relied upon by Appellant, is distinguished.1 There, the only circumstantial proof of intent to sell was the possession of 15 cocaine rocks packaged together. The court noted that no cash was found on McCullough’s person and there was no other circumstantial proof of an intent to sell. Here, conversly, the separate packaging of the drugs, coupled with the fact that the drugs and cash (a substantial sum) were kept together, supports the inference that Appellant intended to sell the drugs. Although Appellant offered some explanation as to why he had over $4,000 in a cigar box with numerous bags of drugs, it was for the jury to determine whether to accept his explanation.
AFFIRMED.
GRIFFIN and PLEUS, JJ., concur. . Appellant also cites Jackson v. State, 818 So. 2d 539 (Fla. 2nd DCA 2002). Even assuming that we agree with Jaclcson, it too can be distinguished.
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Edison v. State, 954 So. 2d 1235 (Fla. 2d DCA 2007)…control over the cocaine. Finally, the State argues that the large amount of cash found on Edison’s person is evidence from which a jury could conclude that he was guilty of trafficking in cocaine by possession. The State cites to Barnes v. State, 838 So. 2d 641 (Fla. 5th DCA 2003), to support its argument. Barnes, however, is distinguishable. Barnes was one of two passengers in the back seat of a vehicle. He was observed by officers placing clear baggies of a green leafy substance into a cigar box, which h…
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Celeste v. State, 79 So. 3d 898 (Fla. 5th DCA 2012)…to prove that Mr. Celeste intended to sell some of his prescribed oxycodone, there is insufficient evidence that he actually did so. In denying the motion for judgment of acquittal, the trial court relied on this Court’s decision in Barnes v. State, 838 So. 2d 641 (Fla. 5th DCA 2003). Barnes was one of two passengers in the back seat of a car. He was observed by officers placing clear baggies of a green leafy substance into a cigar box, which he threw into the back of the car when confronted by officers. The…
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Deaunte Phillips v. State, 961 So. 2d 1137 (Fla. 2d DCA 2007)…lthough cocaine pieces were individually packaged, the quantity “was not so large as to imply an intent to sell without other evidence”). Further, the State had no other evidence that Mr. Phillips intended to sell the marijuana. See Barnes v. State, 838 So. 2d 641, 641-42 (Fla. 5th DCA 2003) (affirming a conviction of possession of ten baggies of marijuana with the intent to sell when the defendant was also in possession of a large amount of money, reasoning, “the separate packaging of the drugs, coupled with…
Authorities Cited
- Jackson v. State, 818 So. 2d 539 (Fla. 2d DCA 2002)
- Worth Moses McCULLOUGH v. State, 541 So. 2d 720 (Fla. 4th DCA 1989)
- Odies Willingham II v. State, 781 So. 2d 512 (Fla. 5th DCA 2001)
- Melton v. State, 824 So. 2d 948 (Fla. 1st DCA 2002)