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STATE v. COLLINS

No. 93-03798.

639 So.2d 633 (1994)

STATE of Florida, Appellant, v. Timothy L. COLLINS, Appellee.

District Court of Appeal of Florida, Second District.

June 29, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Johnny T. Salgado, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

The state appeals from an order dismissing the information charging Timothy L. Collins with trafficking in oxycodone in violation of section 893.135(1)(c)1, Florida Statutes (1993). Because the record fails to disclose the botanical origin of the oxycodone, we reverse and remand for an evidentiary proceeding.

Although oxycodone is nominally within the classification of controlled substances referred to in section 893.03, Florida Statutes (1993...

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