STATE v. SCHULTZ

No. 4D12-1961.

120 So.3d 222 (2013)

STATE of Florida, Appellant, v. Barry Michael SCHULTZ, Appellee.

District Court of Appeal of Florida, Fourth District.

August 28, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellant.

Barbara J. Scheffer , Palm Beach Gardens, for appellee.


GERBER, J.

The state appeals from the circuit court's order granting the defendant's motion to dismiss six trafficking in oxycodone charges under section 893.135(1)(c)1.c., Florida Statutes (2009). The state argues the court erred in finding that the state was limited to charging the defendant, a medical doctor, with illicit conduct by a prescribing practitioner under section 893.13(8), Florida Statutes (2009). We agree with the state's argument and reverse.

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