Opinion
No. 97-02850.
Opinion filed August 26, 1998.
Appeal from the Circuit Court for Pinellas County; Joseph G. Donahey, Jr., Judge.
Robert A. Butterworth, Attorney General, Tallahassee, Erica M. Raffel and Tim Freeland, Assistant Attorneys General, Tampa, for Appellant.
James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellee.
The State timely appeals the trial court's order granting Blaine Alleman's motion to dismiss three counts of trafficking in hydrocodone. We affirm on the authority of State v. Perry, (Fla. 2d DCA Aug. 14, 1998), and State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and certify conflict with State v. Baxley, 684 So.2d 831 (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.