MILTON CAMPBELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MILTON CAMPBELL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
563 So. 2d 202
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
As the State properly concedes, based on the controlling authorities of State v. Clark, 538 So. 2d 500 (Fla. 3d DCA), review denied, 545 So. 2d 1369 (Fla.1989) and Ross v. State, 528 So. 2d 1237 (Fla. 3d DCA), review denied, 537 So. 2d 569 (Fla. 1988), the trial court erred in denying the defendant’s motion to dismiss Count I, trafficking in illegal drugs, or in the alternative, to reduce the trafficking in illegal drugs charge to possession of heroin, where the chemist only tested one or two heroin capsules found in a change purse. We, therefore, reduce Count I to possession of heroin, and remand for an appropriate sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Petion v. State, 48 So. 3d 726 (Fla. 2010)…solely on the evidence presented). Thus, Arroyo is an example of how the presumption can be rebutted in that the district court examined the record to determine that the trial court relied on the improperly admitted evidence. See also S.N. v. State, 563 So. 2d 202 (Fla. 3d DCA 1990) (granting a new adjudicatory hearing because the record revealed that the trial court expressly relied upon the juvenile’s post-arrest silence in disregarding the juvenile’s evidence and [*735] in determining that the juvenile was…
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Baron Greenwade v. State, 124 So. 3d 215 (Fla. 2013)…e defendant possessed the requisite statutory weight of cocaine under Ross when only one of eight baggies of a substance suspected to be powdered cocaine was tested before the contents of all the bags were commingled and weighed); Campbell v. State, 563 So. 2d 202, 202 (Fla. 3d DCA 1990) (noting that the State properly conceded that, based on Ross, the trial court erred in denying the defendant’s motion to dismiss his trafficking conviction when the chemist only tested the contents of one or two heroin capsul…
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Purvis v. State, 43 So. 3d 734 (Fla. 2d DCA 2010)…fficient to prove a trafficking weight of powdered methamphetamine where two bags of white substance were combined before testing and weighing. Id. at 640 (citing Safford v. State, 708 So. 2d 676, 677 (Fla. 2d DCA 1998)); see also Campbell v. State, 563 So. 2d 202, 202 (Fla. 3d DCA 1990) (reversing trafficking conviction where chemist tested contents of only one or two capsules found in change purse and suspected to contain heroin); State v. Clark, 538 So. 2d 500, 501 (Fla. 3d DCA 1989) (affirming trial court…
Authorities Cited
- Ross v. State, 528 So. 2d 1237 (Fla. 3d DCA 1988)
- State v. Clark, 538 So. 2d 500 (Fla. 3d DCA 1989)