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Harris v. State (4th District Court of Appeals, November 2nd 2011).

The Fourth District Court of Appeals found that evidence that the defendant possessed nearly 50 cocaine rocks and no drug paraphernalia at time of arrest, combined with officer's opinion testimony that the rocks were for sale to others, was insufficient to establish the intent to sell element of possession of cocaine with intent to sell within 1,000 feet of a park, where cocaine rocks were not individually packaged, there was no evidence that the defendant was carrying any money, and officer did not observe the defendant attempting to sell the cocaine to anyone (Florida Statute 893.13(1)(c)).

This decision was based upon the cases which say that the quantity or packaging of drugs in a defendant's possession may indicate an intent to sell. Valentin v. State, 974 So.2d 629, 630 (Fla. 4th DCA 2008). In considering what type of circumstantial evidence is necessary to prove a defendant's intent to sell, a court may consider quantity and value to be sufficient when the quantity is substantial. Glenn v. State, 824 So.2d 1046, 1049 (Fla. 4th DCA 2002). But in cases where small amounts of narcotics are found, “courts generally require other proof of suspicious circumstances, drug paraphernalia available, or other evidence which circumstantially would indicate an intent to sell.” McCullough v. State, 541 So.2d 720, 721 (Fla. 4th DCA 1989).