STATE OF FLORIDA, PLAINTIFF,
v.
RALPH HOAGLAND ET AL., DEFENDANTS
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The District Court of Appeal, Fourth District, tranferred to this Court a question of law certified to the District Court by the Court of Record for Brevard County. Rule 4.6, Florida Appellate Rules, 32 F.S.A., 1962 Revision.
The question, as stated by the Court of Record, is:
“Was the delivery and possession of phencyclidine lawfully prohibited by Sections 404.02(1) and 404.02(5), F.S. [F.S.A.], on September 25, October 1, and December 16, 1971 ?”
The question was considered fully by this Court and answered in the negative in Freimuth v. State, 272 So.2d 473, filed December 20, 1972. Accordingly, the question certified by the Court of Record for Brev-ard County is, and must be answered in the negative.
It is so ordered.
ROBERTS, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hand v. State, 334 So. 2d 601 (Fla. 1976)…heless taken to the district court asserting that the information did not charge a crime, it being argued that this Court had held phencyclidine was not a proscribed substance in both State v. Camil, 279 So. 2d 832 (Fla.1973), and State v. Hoagland, 272 So. 2d 478 (Fla.1973). The district court held that these decisions did not determine whether phencyclidine was a “barbiturate” at the time of the admitted delivery, and “that the definition of barbiturate . . . into which phencyclidine may fall” is not uncons…
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State v. Camil, 279 So. 2d 832 (Fla. 1973)…n publication. Said statutes may be cited as ‘Florida Statutes, 1971,’ ‘Florida Statutes,’ or ‘F. S. ’71.’ ” (Emphasis supplied.) Reference is made to the pertinent cases Freimuth v. State, Fla.1972, 272 So. 2d 473, and State v. Hoagland, Fla.1973, 272 So. 2d 478. In Freimuth we held that because “STP” was not listed in the federal registry as an illegal drug until October 3, 1968, one year after the passage of Section 404.-01(3), it could not be considered illegal under the provision: “and any other drug to…
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Decker v. State, 279 So. 2d 50 (Fla. 2d DCA 1973)…PER CURIAM. Reversed and remanded with directions to vacate the judgment and sentence and discharge the defendant on the authority of Freimuth v. State, Fla.1972, 272 So. 2d 473, and State v. Hoagland, Fla. 1973, 272 So. 2d 478. MANN, C. J., and LILES and BOARD-MAN, JJ., concur.…
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- Freimuth v. State, 272 So. 2d 473 (Fla. 1972)