State v. Green

District Court of Appeal of Florida

State v. Green

618 So. 2d 294, 1993 Fla. App. LEXIS 4552, 1993 WL 120845

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1993

DocketNo. 92-2523

StatusPublished

Cited by2 cases

This text of 618 So. 2d 294 (State v. Green) 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. Green, 618 So. 2d 294, 1993 Fla. App. LEXIS 4552, 1993 WL 120845 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

The state appeals from the trial court’s order granting appellee’s motion to dismiss the information charging him with solicitation to deliver cocaine. The trial court dismissed on the authority of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), review denied, 599 So.2d 1280 (Fla.1992) and Grissett v. State, 594 So.2d 321 (Fla. 4th DCA), dismissed, 599 So.2d 1280 (Fla.1992). The trial court found the police had manufactured the crack cocaine used in this transaction and that its use constituted an integral part of the transaction whether charged as purchase of cocaine or solicitation to purchase cocaine.

We reverse. In Metcalf v. State, 614 So.2d 548 (Fla. 4th DCA 1993), this court expressly rejected the reasons relied upon by the trial court in its order of dismissal. We also find no merit in appellee’s argument that the dismissal should be) upheld on grounds of double jeopardy.

REVERSED and REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The state appeals from the trial court’s order granting appellee’s motion to dismiss the information charging him with solicitation to deliver cocaine. The trial court dismissed on the authority of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), review denied, 599 So.2d 1280 (Fla.1992) and Grissett v. State, 594 So.2d 321 (Fla. 4th DCA), dismissed, 599 So.2d 1280 (Fla.1992). The trial court found the police had manufactured the crack cocaine used in this transaction and that its use constituted an integral part of the transaction whether charged as purchase of cocaine or solicitation to purchase cocaine.

We reverse. In Metcalf v. State, 614 So.2d 548 (Fla. 4th DCA 1993), this court expressly rejected the reasons relied upon by the trial court in its order of dismissal. We also find no merit in appellee’s argument that the dismissal should be) upheld on grounds of double jeopardy.

REVERSED and REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

618 So. 2d 294, 1993 Fla. App. LEXIS 4552, 1993 WL 120845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-fladistctapp-1993.

Opinion

Related

Cite This Page — Counsel Stack