COLON v. STATE

No. 83-684.

453 So.2d 880 (1984)

Luis F. COLON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 7, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Randi B. Klayman, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.


PER CURIAM.

We reverse the defendant's conviction and sentence for unlawful possession of phencyclidine because the law enforcement agency, which seized the suspect drug from the defendant, subsequently lost the drug due to its own negligence, and thereby deprived the defendant of an opportunity to chemically analyze the suspect drug upon a proper discovery request made below. Inasmuch as the suspect drug forms the entire basis for the charge of unlawful possession...

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