STATE v. McCARTNEY

No. 4D07-5071.

1 So.3d 326 (2009)

STATE of Florida, Appellant, v. William F. McCARTNEY, III, Appellee.

District Court of Appeal of Florida, Fourth District.

January 21, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender and Timothy D. Kenison, Assistant Public Defender, West Palm Beach, for appellee.


PER CURIAM.

Defendant was charged with first-degree murder as a result of a death caused by an overdose of methadone which was sold to the victim by defendant. The trial court granted defendant's motion to dismiss, because methadone is not a drug enumerated under the statute which was the basis of the charge, and the state appeals. We affirm.

The charge was first-degree felony murder under 782.04(1)(a)3, Florida Statutes, which provides:

(1)(a) The...

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