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Campbell v. State

District Court of Appeal of Florida, Third District
Jun 26, 1990
563 So. 2d 202 (Fla. Dist. Ct. App. 1990)
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Summary

reversing trafficking conviction where chemist tested contents of only one or two capsules found in change purse and suspected to contain heroin

Summary of this case from Purvis v. State
See 2 Summaries

Opinion

No. 89-1492.

June 26, 1990.

Appeal from the Circuit Court, Dade County, Ursula Ungaro, J.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Assistant Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GODERICH, JJ.

CONFESSION OF ERROR

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.

Summaries of

Campbell v. State

District Court of Appeal of Florida, Third District
Jun 26, 1990
563 So. 2d 202 (Fla. Dist. Ct. App. 1990)

reversing trafficking conviction where chemist tested contents of only one or two capsules found in change purse and suspected to contain heroin

Summary of this case from Purvis v. State

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 capsules found in the defendant's change purse

Summary of this case from Greenwade v. State
Case details for

Campbell v. State

Case Details

Full title:MILTON CAMPBELL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 26, 1990

Citations

563 So. 2d 202 (Fla. Dist. Ct. App. 1990)

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