State v. Boyette

District Court of Appeal of Florida

State v. Boyette

911 So. 2d 891, 2005 Fla. App. LEXIS 15628, 2005 WL 2414745

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2005

DocketNo. 1D05-1016

StatusPublished

This text of 911 So. 2d 891 (State v. Boyette) 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

State v. Boyette, 911 So. 2d 891, 2005 Fla. App. LEXIS 15628, 2005 WL 2414745 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

The State appeals' the trial court’s order granting Appellee’s motion to dismiss the charge of trafficking in hydrocodone in violation of section 893.135(l)(e)l.c., Florida Statutes (2002). The trial court granted the motion based on the supreme court’s decision in Hayes v. State, 750 So.2d 1 (Fla.1999), in which the court held that the drug trafficking statute did not apply to possession of hydrocodone in amounts less than 15 milligrams per dosage unit. However, this decision was legislatively overruled as of July 1, 2001. See Laws of Florida, Ch.2001-55, §§ 1, 2; see also Nottebaum v. State, 898 So.2d 1073, 1074 (Fla. 5th DCA 2005). The information in the case before us alleges that Appellee committed the offense on August 23, 2003. Under the applicable statutes, the weight of a controlled substance is measured by the total weight of the mixture, including controlled and non-controlled substances. §§ 893.03(3)(e); 893.135(6); 893.135(7), Fla. Stat. (2003). Accordingly, the State was not required to prove that each individual dosage unit contained more than 15 milligrams of hydroco-done. We therefore reverse the trial court’s dismissal of the drug trafficking charge and remand with directions to reinstate the charge.

REVERSED and REMANDED.

ALLEN, WEBSTER and VAN NORTWICK, JJ., concur.

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PER CURIAM.

The State appeals' the trial court’s order granting Appellee’s motion to dismiss the charge of trafficking in hydrocodone in violation of section 893.135(l)(e)l.c., Florida Statutes (2002). The trial court granted the motion based on the supreme court’s decision in Hayes v. State, 750 So.2d 1 (Fla.1999), in which the court held that the drug trafficking statute did not apply to possession of hydrocodone in amounts less than 15 milligrams per dosage unit. However, this decision was legislatively overruled as of July 1, 2001. See Laws of Florida, Ch.2001-55, §§ 1, 2; see also Nottebaum v. State, 898 So.2d 1073, 1074 (Fla. 5th DCA 2005). The information in the case before us alleges that Appellee committed the offense on August 23, 2003. Under the applicable statutes, the weight of a controlled substance is measured by the total weight of the mixture, including controlled and non-controlled substances. §§ 893.03(3)(e); 893.135(6); 893.135(7), Fla. Stat. (2003). Accordingly, the State was not required to prove that each individual dosage unit contained more than 15 milligrams of hydroco-done. We therefore reverse the trial court’s dismissal of the drug trafficking charge and remand with directions to reinstate the charge.

REVERSED and REMANDED.

ALLEN, WEBSTER and VAN NORTWICK, JJ., concur.

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911 So. 2d 891, 2005 Fla. App. LEXIS 15628, 2005 WL 2414745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyette-fladistctapp-2005.

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