Bruce v. State, 616 So. 2d 504 (Fla. 3d DCA 1993). · Go Syfert
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Bruce v. State, 616 So. 2d 504 (Fla. 3d DCA 1993). Cases Citing This Book View Copy Cite
26 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Spry v. State (fladistctapp, 2007-01-17)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) Spry v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
See Prescott v. State, 753 So.2d 568, 569 (Fla. 4th DCA 1998) (holding that there was no abuse of discretion in allowing an expert witness to testify that the drugs were intended for sale rather than personal use); Scarlett v. State, 704 So.2d 615, 616 (Fla. 4th DCA 1997) (same); Bruce, 616 So.2d at 504 (same).
discussed Cited as authority (rule) Luis v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
See Prescott v. State, 753 So.2d 568, 569 (Fla. 4th DCA 1998) (holding that there was no abuse of discretion in allowing an expert witness to testify that the drugs were intended for sale rather than personal use); Scarlett v. State, 704 So.2d 615, 616 (Fla. 4th DCA 1997) (same); Bruce, 616 So.2d at 504 (same).
discussed Cited as authority (rule) Siprien v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
Scarlett v. State, 704 So.2d 615, 616 (Fla. 4th DCA 1997)(recognizing that an officer, when qualified as an expert, may testify regarding whether drugs were intended for personal use or for sale, based on the amount and packaging of the drugs), rev. den., 717 So.2d 537 (Fla.1998) and Bruce v. State, 616 So.2d 504, 504 (Fla. 3d DCA 1993)(holding evidence supported jury's *540 conclusion that defendant intended to sell the cocaine where defendant had thirteen rocks, individually wrapped in clear plastic baggies, and the state presented the expert testimony of an experienced narcotics officer who…
cited Cited "see" Bedford v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Bruce v. State, 616 So.2d 504 (Fla. 3d DCA 1993).
discussed Cited "see" Scarlett v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Bruce v. State, 616 So.2d 504 (Fla. 3d DCA 1993) (evidence was sufficient to justify the jury's conclusion that defendant intended to sell the cocaine where defendant had thirteen rocks, individually wrapped in clear plastic baggies, and the state presented the expert testimony of an experienced narcotics officer who stated that the quantity involved indicated that the crack was for sale); Baten v. State, 579 So.2d 764 (Fla. 5th DCA 1991) (evidence was sufficient to support conviction where officer stated that most cocaine users only carry a maximum of three rocks of cocaine on their perso…
discussed Cited "see" Adams v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Bruce v. State, 616 So.2d 504 (Fla. 3d DCA 1993). *774 We strike the $2 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), because the trial court did not announce this discretionary cost at sentencing.
cited Cited "see, e.g." D.R.C. v. State
Fla. Dist. Ct. App. · 1996 · signal: compare · confidence low
Compare Bruce v. State, 616 So.2d 504 (Fla. 3d DCA 1993); Baten v. State, 579 So.2d 764 (Fla. 5th DCA), rev. denied, 589 So.2d 289 (Fla.1991).
discussed Cited "see, e.g." Gamble v. State
Fla. Dist. Ct. App. · 1994 · signal: see, e.g. · confidence low
See, e.g., Bruce v. State, 616 So.2d 504 (Fla. 3d DCA 1993) (an experienced narcotics officer testified the quantity of drugs involved — 13 rocks — "indicated the crack was for sale); Baten v. State, 579 So.2d 764 (Fla. 5th DCA), rev. denied, 589 So.2d 289 (Fla. 1991) (Police Officer Davis testified he was convinced the defendant intended to sell the 26 rocks of cocaine he had possessed and tried to hide, because of the amount of drugs, the street value of the drugs, and the way they were sized and packaged); K.M. v. State, 545 So.2d 464 (Fla. 3d DCA 1989) (Officers' expert testimony and the…
Leroy BRUCE, Appellant,
v.
The STATE of Florida, Appellee.
92-1173.
District Court of Appeal of Florida, Third District.
Mar 16, 1993.
616 So. 2d 504
Schwartz, C.J., and Jorgenson and Goderich.
Cited by 18 opinions  |  Published
Pinpoint authority: bottom 48%

Bennett H. Brummer, Public Defender and Pamela Beckham, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Scott Stoloff, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GODERICH, JJ.

SCHWARTZ, Chief Judge.

Bruce was observed attempting to hide thirteen rocks of crack cocaine and was convicted of possession with intent to sell the contraband. Although he concedes his guilt of simple possession, his primary point is that the evidence is insufficient to justify the conclusion that he intended to sell the cocaine, rather than use it personally. We disagree.

The fact that the defendant had as many as thirteen rocks, individually wrapped in clear plastic baggies, coupled with expert evidence of an experienced narcotics officer that the quantity involved indicated that the crack was for sale, was more than sufficient to justify the jury's conclusion that Bruce indeed held the cocaine for distribution. K.M. v. State, 545 So.2d 464, 464 (Fla. 3d DCA 1989) ("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."); Stoudermire v. State, No. 05-90-01081-CR, 1991 WL 219522, at *6 (Tex. App. Oct. 29, 1991) ("Officer McCoy testified that Stoudermire did not fit the typical user profile. He stated that Stoudermire's possession of thirteen rocks[1] is more consistent with a drug dealer profile. His expert testimony can be used to support the conviction."), review refused (Tex. Crim. App. February 12, 1992); Spriggs v. United States, 618 A.2d 701, 704 (D.C.App. 1992) ("As the government's expert testified, the quantity, packaging, and value of the drugs possessed by appellant (thirteen separate packets — eight packets of heroin and five packets of cocaine — worth approximately $470.00) was more consistent with an intent to distribute than with personal use."); see Baten v. State, 579 So.2d 764 (Fla. 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.

1 This case presents an a fortiori situation, because the thirteen rocks in Stoudermire were in one single bag, rather than, as here, separately wrapped as if for sale.