DOMINA TRAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for trafficking in Oxycodone was reversed because the 30 Roxicet tablets she possessed contained only 0.15 grams of Oxycodone, below the 4-gram threshold required for trafficking charges under Florida law.
A defendant cannot be prosecuted for drug trafficking when the controlled substance amount falls below the statutory minimum threshold.
[1] A defendant cannot be prosecuted for drug trafficking under Florida Statutes section 893.135(1)(c)1 when the total amount of the controlled substance possessed is less th…
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Join FLexlaw to unlock all legal intelligenceTravis obtained 30 Roxicet tablets from a pharmacy using a false prescription. Each tablet contained 5 milligrams of Oxycodone and 325 milligrams of A…
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PETERSON, J.
Domina Travis appeals the denial of her motion to dismiss the information charging her with trafficking in Oxycodone, a controlled substance described in subsection 893.03(2), Florida Statutes (1997). The Oxycodone was contained in 30 Roxicet tablets that she obtained from a pharmacy by presenting a false prescription.
Oxycodone is a Schedule II substance, the possession of four or more grams of which subjects one to prosecution pursuant to subsection 893.135(l)(c)l, Florida Statutes. Each Roxicet tablet contains five milligrams of Oxycodone and 325 milligrams of Acetaminophen (Tylenol), a non-controlled substance. Because Travis’ possession of 30 tablets of Roxicet contained only fifteen one-hundredths (.15) of a gram of Oxycodone, she could not have been in violation of the drug trafficking statute. We note that the trial court was without the benefit of Hayes v. State, 750 So. 2d 1 (Fla. 1999). Hayes specifically overruled this court’s decision in State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996), rev. denied, 694 So. 2d 737 (Fla.1997), which the trial court relied on in denying Travis’ motion to dismiss.
The denial of the motion to dismiss the count charging Travis with trafficking in Oxycodone is reversed.
REVERSED.
COBB and GRIFFIN, JJ., concur.
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State v. Domina Travis, 808 So. 2d 194 (Fla. 2002)…QUINCE, J. We have for review Travis v. State, 754 So. 2d 59 (Fla. 5th DCA 2000) which expressly and directly conflicts with the decision in Hayes v. State, 750 So. 2d 1 (Fla.1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash the decision of the Fifth District…
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State v. Benedetti, 809 So. 2d 83 (Fla. 5th DCA 2002)…concurring specially The State appeals an order dismissing a charge of trafficking in oxycodone. In dismissing the charge, the able trial court relied on our decision in Travis v. State, 754 So. 2d 59 (Fla. 5th DCA 2000). Because the supreme court reversed our decision, we must reverse the trial court’s decision as well. See State v. Travis, 808 So. 2d 194 (Fla.2002).…
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Eagle v. State, 772 So. 2d 1 (Fla. 2d DCA 2000)…al of Eagle’s motion to dismiss, which left the charge of trafficking in oxycodone intact. We write to express our reason for affirming the trial court’s rulings because our affirmance brings us into express and direct conflict with Travis v. State, 754 So. 2d 59 (Fla. 5th DCA 2000). Eagle became the target of a controlled buy set up by the Bradenton Beach Police Department after a detective was advised by a confidential informant of proven relia [*2] bility that Eagle was selling prescription drugs. Subseq…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kathyrn Hayes v. State, 750 So. 2d 1 (Fla. 1999)
- State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996)