Legal Opinion · Dissent

Shackleford v. State

District Court of Appeal of Florida

Decided September 21, 1990No. 89-915Published

1DissentWolf, Judge

The sale of cocaine by the appellant less than one hour before his arrest constitutes overwhelming evidence of the defendant’s ability to form the intent necessary to support a conviction for possession of cocaine with intent to sell. The evidence in the instant case demonstrates that less than one hour prior to his arrest, the defendant had sufficient faculties to complete two sales of cocaine by cutting, sorting, and transferring the cocaine, as well as accepting the money for the transaction. See Zarate v. State, 466 So.2d 1176 (Fla. 3rd DCA 1985). Additionally, the cocaine that was seized…

2Cases cited5 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. United States v. Frank Robinson, Jr.Court of Appeals for the Eleventh Circuit · 1989
  3. K.M. v. StateDistrict Court of Appeal of Florida · 1989
  4. Tollefson v. StateDistrict Court of Appeal of Florida · 1988
  5. Zarate v. StateDistrict Court of Appeal of Florida · 1985

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