KEITH KIRK TWINN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Keith Twinn offered to sell cocaine to an undercover police officer. Following Twinn’s arrest seven clear plastic bags containing a white powder, which later proved not to be cocaine or any other controlled substance, were found on his person.
Twinn was charged with violating the counterfeit controlled substance provision of the Florida Statutes, § 831.31, Fla.Stat. (1981). Twinn argues, and we agree, that it was inappropriate to charge him under section 831.31 rather than section 817.563, Florida Statutes (1981). We accordingly reverse the conviction and remand to the trial court for further proceedings.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Adderly v. State, 571 So. 2d 557 (Fla. 1st DCA 1990)…not the fact that the substance was contained in a plastic bag sufficiently identified the substance as crack cocaine within the meaning of the counterfeit controlled substance statute. A similar factual situation was presented' in Twinn v. State, 442 So. 2d 286 (Fla. 3rd DCA 1983). The defendant in Twinn was arrested while possessing a white powder, which was not cocaine, in clear plastic bags. The appellate court reversed, finding that placing the white substance in a plastic bag is not sufficient to qual…
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Durr v. State, 583 So. 2d 424 (Fla. 1st DCA 1991)…arrested with a clear plastic bag, “nondescript, unmarked and unlabeled,” containing 8 rocks of fake cocaine. He moved to dismiss the subsequent charge under 831.31, and the trial court denied the motion. This court reversed, citing Twinn v. State, 442 So. 2d 286 (Fla. 3d DCA 1983), which held that placing a white powder in a plastic bag is not sufficient to qualify as an act of mislabeling. We find that the facts of this case are controlled by Adderly, and as we did in that case, reverse the order appealed…
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Bedford v. State, 970 So. 2d 935 (Fla. 4th DCA 2008)…ury was instructed on a purported lesser included offense of delivery of a counterfeit controlled substance, a violation of section 831.31, Florida Statutes. That charge would have been inappropriate under the facts of this case. See Twinn v. State, 442 So. 2d 286 (Fla. 3d DCA 1983). Although the substance taken from Bedford tested positive for cocaine, the jury found Bedford guilty of the purported lesser included offense, and the judge imposed a time-served sentence. Bedford did not appeal this conviction o…
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