STATE v. DILORETO

No. 91-1486.

600 So.2d 25 (1992)

STATE of Florida, Appellant, v. Scott DILORETO, Appellee.

District Court of Appeal of Florida, Fourth District.

As Corrected July 1, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellant.

Ariel Raab of Raab & Raab, P.C., Kingston, N.Y., for appellee.


STONE, Judge.

We affirm an order granting the defendant's motion to dismiss a charge of trafficking in oxycodone as not stating a crime punishable, as charged, under Florida Statute Section 893.135(1)(c)3 (1989). That section provides, in pertinent part:

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, or any salt...

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