KM v. State, 545 So. 2d 464 (Fla. 3d DCA 1989). · Go Syfert
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KM v. State, 545 So. 2d 464 (Fla. 3d DCA 1989). Cases Citing This Book View Copy Cite
“the state presented evidence the officers' expert testimony and the packaging of the drugs from which the trial court could have concluded that k.m. intended to sell the cocaine and rejected k.m.'s contention that he merely possessed the drugs for his own use.”
16 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Scarlett v. State (fladistctapp, 1997-10-22)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (verbatim quote) Scarlett v. State
Fla. Dist. Ct. App. · 1997 · quote attribution · 1 verbatim quote · confidence high
the state presented evidencethe officers' expert testimony and the packaging of the drugs from which the trial court could have concluded that k.m. intended to sell the cocaine....
examined Cited as authority (verbatim quote) Bruce v. State
Fla. Dist. Ct. App. · 1993 · quote attribution · 1 verbatim quote · confidence high
the state presented evidence the officers' expert testimony and the packaging of the drugs from which the trial court could have concluded that k.m. intended to sell the cocaine and rejected k.m.'s contention that he merely possessed the drugs for his own use.
cited Cited "see, e.g." Thomas v. State
Fla. Dist. Ct. App. · 1990 · signal: see also · confidence low
Affirmed on the authority of State v. DiGuilio, 491 So.2d 1129 (Fla.1986); see also K.M. v. State, 545 So.2d 464 (Fla. 3d DCA 1989); Williams v. State, 538 So.2d 73 (Fla. 4th DCA 1989).
discussed Cited "see, e.g." In re the Appeal in Maricopa County Juvenile Action No. JV-116553
Ariz. Ct. App. · 1989 · signal: see also · confidence low
See also K.M. v. State, 545 So.2d 464 (1989) (trial judge erred in accepting juvenile defendant’s waiver of rights to counsel and plea of nolo contendere because he failed to inform the juvenile of benefits he would relinquish and dangers and disadvantages of representing himself).
K.M., a Juvenile, Appellant,
v.
The STATE of Florida, Appellee.
88-2024.
District Court of Appeal of Florida, Third District.
Jun 20, 1989.
545 So. 2d 464
Baskin, Cope and Levy.
Published
2 passages pin-cited by 2 cases
Pinpoint authority: #38,868 of 633,719
Citer courts: District Court of Appeal of Fl… (2)

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polen, Asst. Atty. Gen., and Sharon Azoulay, Certified Legal Intern, for appellee.

Before BASKIN, COPE and LEVY, JJ.

BASKIN, Judge.

K.M., a juvenile, appeals the trial court's adjudication of delinquency for possession of cocaine with intent to sell. We affirm.

First, we decline to consider K.M.'s contention that the trial court abused its discretion in permitting the narcotics officers to testify concerning the packaging of the cocaine. Because the specific legal ground argued on appeal was not presented to the trial court, K.M. has not properly preserved that point for review. Tillman v. State, 471 So.2d 32, 35 (Fla. 1985). Second, the adjudication of delinquency is supported by substantial competent, albeit circumstantial, evidence. Although the small quantity alone is not sufficient circumstantial evidence to prove intent to sell, McCullough v. State, 541 So.2d 720 (Fla. 4th DCA 1989), additional evidence supports the trial court's finding that K.M. intended to sell the cocaine. See e.g. United States v. Robinson, 870 F.2d 612 (11th Cir.1989). Finally, the record supports a trial court determination that the evidence excluded every reasonable hypothesis but that of K.M.'s guilt. See G.D. v. State, 497 So.2d 1318 (Fla. 3d DCA 1986). The state presented evidence — the officers' expert testimony and the packaging of the drugs — from which the trial court could have concluded that K.M. intended to sell the cocaine and rejected K.M.'s contention that he merely possessed the drugs for his own use. Robinson.

Accordingly, we affirm the adjudication of delinquency for possession with intent to sell cocaine.