STATE v. MILBRO

No. 90-01763.

586 So.2d 1303 (1991)

STATE of Florida, Appellant, v. Carlos MILBRO, Appellee.

District Court of Appeal of Florida, Second District.

October 2, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and William Pena Wells, Asst. Public Defender, Bartow, for appellee.


SCHEB, Acting Chief Judge.

The state appeals the trial court's dismissal of the charge of solicitation to deliver a controlled substance. We find merit in the state's argument that the court erred in finding the defendant not guilty on the basis that the substance offered was not in fact cocaine.

The defendant was charged with soliciting to deliver cocaine on March 2, 1990. He filed a motion to dismiss alleging there were no material facts in dispute and that...

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