How Does a Prosecutor Prove that Someone Had an Intent to Sell Cocaine?


In the case of Derek Martin versus the State of Florida, Mr. Martin was convicted of possession of cocaine with intent to sell.  Martin appealed, and the court of appeals overturned his conviction because the prosecutor failed to prove that Martin intended to sell the cocaine that he had in his possession.  The court of appeals noted that there was no testimony that the quantity and packaging of the cocaine in this case were indications of Martin's intent to sell as opposed to his having the drug for simply personal use.


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