Kenyon v. State

District Court of Appeal of Florida

Kenyon v. State

146 So. 3d 1289, 2014 Fla. App. LEXIS 14617, 2014 WL 4656595

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 2014

DocketNo. 1D13-5467

StatusPublished

This text of 146 So. 3d 1289 (Kenyon v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kenyon v. State, 146 So. 3d 1289, 2014 Fla. App. LEXIS 14617, 2014 WL 4656595 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

We reverse appellant’s conviction and sentence, and remand for a new trial.

After a jury trial, appellant was convicted of trafficking in hydrocodone. A witness at trial was an analyst employed by the Florida Department of Law Enforcement who testified about the nature and quantity of the controlled substance. After this appeal was initiated, this court relinquished jurisdiction to the circuit court to consider appellant’s motion for post-conviction relief which raised a claim of newly discovered evidence: that the FDLE analyst who testified at appellant’s trial had been arrested and charged with multiple counts, including grand theft of a controlled substance, tampering with or fabricating physical evidence related to exhibits submitted to FDLE for testing, and trafficking in illegal substances. The circuit court found the motion for postconviction relief to be well taken and that appellant should be granted a new trial.

REVERSED and REMANDED for a new trial.

WOLF, RAY, and OSTERHAUS, JJ., concur.

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PER CURIAM.

We reverse appellant’s conviction and sentence, and remand for a new trial.

After a jury trial, appellant was convicted of trafficking in hydrocodone. A witness at trial was an analyst employed by the Florida Department of Law Enforcement who testified about the nature and quantity of the controlled substance. After this appeal was initiated, this court relinquished jurisdiction to the circuit court to consider appellant’s motion for post-conviction relief which raised a claim of newly discovered evidence: that the FDLE analyst who testified at appellant’s trial had been arrested and charged with multiple counts, including grand theft of a controlled substance, tampering with or fabricating physical evidence related to exhibits submitted to FDLE for testing, and trafficking in illegal substances. The circuit court found the motion for postconviction relief to be well taken and that appellant should be granted a new trial.

REVERSED and REMANDED for a new trial.

WOLF, RAY, and OSTERHAUS, JJ., concur.

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Bluebook (online)

146 So. 3d 1289, 2014 Fla. App. LEXIS 14617, 2014 WL 4656595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenyon-v-state-fladistctapp-2014.