L.R., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
L.R. appeals his adjudication of delinquency for possession of cocaine. At the adjudicatory hearing the sole evidence identifying the substance was the officer’s testimony that, based on his past experience, it appeared to be rock cocaine, and that it field tested positive for cocaine. The officer described the procedure for performing the test but was unable to testify as to the reliability of the test. No laboratory report was introduced, nor was a chemist called'to testify. Based on Cabral v. State, 550 So. 2d 46 (Fla. 3d DCA 1989) and Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989), the evidence was insufficient. We therefore reverse the adjudication of delinquency and remand with directions to discharge L.R. Reversed.
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Johnson v. State, 929 So. 2d 4 (Fla. 2d DCA 2005)…h an element of the crime at trial. This is particularly so because presumptive tests conducted by a field officer alone are not sufficient to establish a prima facie case; FDLE reports are often vital to the State’s prosecution.1 See L.R. v. State, 557 So. 2d 121 [*8] (Fla. 3d DCA 1990) (finding that a positive presumptive test for cocaine was insufficient to establish a prima facie case of possession). The business records exception may have been the vehicle for admitting the report, but the vehicle does no…
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Bell v. State, 179 So. 3d 349 (Fla. 5th DCA 2015)…, 75 So. 3d 749 (Fla. 1st DCA 2011) for its conclusion that the probation officer’s testimony constituted hearsay. Bray does not analyze the question either, but declares the testimony to be hearsay based upon that panel’s reading of L.R. v. State, 557 So. 2d 121 (Fla. 3d [*356] DCA 1990) and Weaver, 543 So. 2d 443. L.R. is not a VOP case, and more significantly, does not even mention hearsay. • In Weaver, as already discussed, the Third District Court of Appeal concluded that the probation officer’s testimo…
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Smith v. State, 771 So. 2d 1189 (Fla. 5th DCA 2000)…h wrapped in plastic that contained a residue which tested positive for cocaine in a field test, and that based on his professional training and experience it was a device typically used as a filter on a crack pipe. Appellant cites to L.R. v. State, 557 So. 2d 121 (Fla. 3d DCA 1990) as authority for the proposition that a positive field test of a substance suspected to be cocaine is insufficient evidence to sustain a conviction for possession of cocaine. Appellant was not charged with possession of cocaine, b…
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- Weaver v. State, 543 So. 2d 443 (Fla. 3d DCA 1989)
- Fidel Cabral v. State, 550 So. 2d 46 (Fla. 3d DCA 1989)