KEVIN WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEVIN WALKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
600 So. 2d 42
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant brings this appeal from his conviction for purchase of cocaine within 1,000 feet of a school. The record demonstrates that the crack cocaine purchased by appellant from an undercover Broward County Sheriffs officer during a reverse sting was manufactured by the Broward County Sheriffs Office. Therefore, we reverse appellant’s conviction and sentence on the authority of Kelly v. State, 593 So. 2d 1060 (Fla. 4th DCA 1992), and Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992). This case is remanded to the trial court with directions to discharge appellant.
REVERSED and REMANDED.
GLICKSTEIN, C.J., and ANSTEAD and GUNTHER, JJ., concur.
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Nero v. State, 604 So. 2d 550 (Fla. 4th DCA 1992)…TH DIRECTIONS; QUESTION CERTIFIED. DOWNEY and FARMER, JJ., concur. HERSEY, J., concurs specially with opinion. . But see Robertson v. State, 605 So. 2d 94 (Fla. 4th DCA 1992), Mercano v. State, 600 So. 2d 572 (Fla. 4th DCA 1992), Walker v. State, 600 So. 2d 42 (Fla. 4th DCA 1992), Fox v. State, 600 So. 2d 501 (Fla. 4th DCA 1992), Rhodes v. State, 597 So. 2d 974 (Fla. 4th DCA 1992), Hamilton v. State, 596 So. 2d 175 (Fla. 4th DCA 1992), Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992), Rivera v. State…
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Brown v. Lewis, 640 So. 2d 177 (Fla. 1st DCA 1994)…ed prematurely, and thus the trial court did not err in dismissing the complaint for failure to exhaust administrative remedies, we believe the trial court erred in dismissing the entire complaint with prejudice. See Mrotek v. City of Boynton Beach, 600 So. 2d 42 (Fla. 4th DCA 1992). The subject of the administrative proceeding was the Department’s approval of Gibraltar’s application for authorization to acquire control of an existing cemetery company, pursuant to chapter 497. Our review of the amended compl…
Authorities Cited
- Kelly v. State, 593 So. 2d 1060 (Fla. 4th DCA 1992)
- Grissett v. State, 594 So. 2d 321 (Fla. 4th DCA 1992)