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eBook details

• Title: Willie J. Ross v. State Florida
• Author : Third District Court of Appeal of Florida
• Release Date : January 19, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

The central question presented for review is whether the state presented a prima facie case that the defendant had in his actual possession twenty-eight grams or more of cocaine -- and was thus guilty of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985) -- upon evidence adduced at trial which showed that (1) a total of ninety-two (92) separately wrapped plastic packets of white powder were seized by the police from the defendants person, (2) only two (2) of these packets were chemically tested by a duly qualified crime laboratory technician and were found to contain a mixture of cocaine weighing less than twenty-eight (28) grams, and (3) the total weight of the material in all the packets seized -- including the untested packets -- was over twenty-eight (28) grams. For the reasons which follow, we conclude that the state failed to establish a prima face case of trafficking in cocaine; accordingly, we reverse the cocaine trafficking conviction under review, and remand with directions to reduce the subject conviction to simple possession of cocaine. ?? 893.13(1)(e), 893.03(2)(a)(4), Fla.Stat. (1985).

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