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STATE v. BOYETTE

No. 1D05-1016.

911 So.2d 891 (2005)

STATE of Florida, Appellant, v. William Eugene BOYETTE, Jr., Appellee.

District Court of Appeal of Florida, First District.

October 3, 2005.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, Attorneys for Appellant.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, Attorneys for Appellee.

PER CURIAM.

The State appeals the trial court's order granting Appellee's motion to dismiss the charge of trafficking in hydrocodone in violation of section 893.135(1)(c)1.c., Florida Statutes (2002). The trial court granted the motion based on the supreme court's decision in Hayes v. State, 750 So.2d 1 (Fla.1999), in which the court held that the drug trafficking statute did not apply to possession of hydrocodone in amounts...

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