State v. Benedetti

Full title: STATE OF FLORIDA, Appellant, v. SAMUEL BENEDETTI, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 15, 2002

809 So. 2d 83 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 5D01-1199

Opinion filed February 15, 2002

Appeal from the Circuit Court for Brevard County, Bruce W. Jacobus, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

REVERSED. See State v. Travis, 27 Fla. L. Weekly S70 (Fla. Jan. 17, 2002).

COBB and HARRIS, JJ., concur.

ORFINGER, R. B., J., concurs specially with opinion.

ORFINGER, R. B., J., 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, No. 00-902 (Fla. Jan. 17, 2002).