STATE v. SHUKITIS

No. 2D09-1651.

60 So.3d 406 (2010)

STATE of Florida, Appellant, v. Rocky Lee SHUKITIS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 6, 2011.


Attorney(s) appearing for the Case

Bill McCollum , Attorney General, Tallahassee, and Susan D. Dunlevy , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Matthew D. Bernstein , Assistant Public Defender, Bartow, for Appellee.


DAVIS, Judge.

The State challenges the trial court's order granting Rocky Lee Shukitis' motion to suppress evidence at his trial on several drug offenses, including three counts of obtaining drugs from a physician by withholding evidence, as well as trafficking and possession charges. Because the trial court applied the wrong statute below, we reverse for further proceedings.

The charges against Shukitis arose after an undercover officer purchased Oxycodone...

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