STATE OF FLORIDA, APPELLANT,
v.
BLAINE ALLEMAN, APPELLEE
STATE OF FLORIDA, APPELLANT,
BLAINE ALLEMAN, APPELLEE
744 So. 2d 465
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The State timely appeals the trial court’s order granting Blaine Alleman’s motion to dismiss three counts of trafficking in hy-drocodone. We affirm on the authority of State v. Perry, 716 So. 2d 827 (Fla. 2d DCA 1998), and State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997), and certify conflict with State v. Baxley, 684 So. 2d 881 (Fla. 5th DCA 1996), which held that a defendant who sells four grams or more of hydrocodone could be subject to prosecution for trafficking in hydrocodone.
PARKER, C.J., BLUE and QUINCE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)…by relying on Holland in cases where the newer version of the statute was at issue. See State v. Wells, 23 Fla.L. [*3] Weekly D2000, - So. 2d -, 1998 WL 1157374 (Fla. 2d DCA Aug.26, 1998), review granted, 727 So. 2d 911 (Fla.1998); State v. Alleman, 744 So. 2d 465 (Fla. 2d DCA 1998), review granted, 727 So. 2d 911 (Fla.1998); State v. Perry, 716 So. 2d 327 (Fla. 2d DCA), review granted, 727 So. 2d 911 (Fla.1998), which are also pending before this Court on the same conflict issue. . See also State v. Rera, 2…
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Harris v. State, 752 So. 2d 553 (Fla. 1999)…ct with the opinions in State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997), State v. Perry, 716 So. 2d 327 (Fla. 2d DCA 1998), State v. Wells, 23 Fla. L. Weekly D2000, — So. 2d -, 1998 WL 1157374 (Fla. 2d DCA Aug. 26, 1998), and State v. Alleman, 744 So. 2d 465 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Hayes v. State, 750 So. 2d 1 (Fla.1999), the decision of the Fifth District is hereby quashed. We remand to the district court f…
Authorities Cited
- Freeman Daniels v. State, 716 So. 2d 827 (Fla. 4th DCA 1998)
- The Agency FOR Health Care Admin. v. Palm Springs Gen. Hosp., Inc., 689 So. 2d 1268 (Fla. 1st DCA 1997)
- State v. Holland, 689 So. 2d 1268 (Fla. 1st DCA 1997)
- Redd v. State, 684 So. 2d 881 (Fla. 4th DCA 1996)