State v. Baxley
| Citation | 684 So.2d 831 |
| Decision Date | 08 November 1996 |
| Docket Number | No. 96-830,96-830 |
| Parties | 21 Fla. L. Weekly D2393, 21 Fla. L. Weekly D2504 STATE of Florida, Appellant, v. Michael BAXLEY, Appellee. Fifth District |
| Court | Court of Appeal of Florida (US) |
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellant.
Ronald E. Fox, Umatilla, for Appellee.
The issue in this case is whether one who deals in tablets containing controlled substance, each tablet being a SCHEDULE III substance which would represent a third degree felony, is subject to being prosecuted for trafficking in such substance if a sufficient number of the tablets are involved so that 4 grams or more of the prohibited substance is involved in the transaction. We answer in the affirmative and reverse the order dismissing the charges below.
Michael Baxley was charged with conspiracy to traffic and trafficking in hydrocodone. In order to sustain this charge under section 893.135(1)(c) 1, there must be 4 grams or more of the substance or "4 grams or more of any mixture containing any such substance ..." But if a tablet contains no more than 15 milligrams of hydrocodone along with other active ingredients which are not controlled substances, then under section 893.03(3)(c)4 such tablet is a SCHEDULE III substance and, under section 893.13(1)(a), its sale, manufacture or delivery (or the possession with such intent) is a third degree felony. The State urges that even if dealing in a single tablet or a few tablets may be only a third degree felony, if enough tablets are involved so that the total weight is 4 grams or more, then a trafficking case can properly be made.
Baxley responds that since the legislature has determined that small amounts of hydrocodone in conjunction with other uncontrolled substances have less potential for abuse than SCHEDULE I or SCHEDULE II substances and have a "currently acceptable medical use," the improper dealing with tablets that comply with section 893.03(3)(c)4 may only be prosecuted as a third degree felony. However, we believe that a proper interpretation of section 893.03(3)(c)4 makes it clear that only a small amount of hydrocodone is a SCHEDULE III substance. If the amount involved is 4 grams or more of hydrocodone or 4 grams or more of a mixture containing hydrocodone then hydrocodone becomes a SCHEDULE II substance.
Baxley makes the point that hydrocodone is listed as...
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State v. Barnum
...court to interpret the pertinent language in the trafficking statute was the Fifth District Court of Appeal in State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996), review denied, 694 So.2d 737 (Fla.1997). There the Fifth District determined that the amount of hydrocodone in all of the tablet......
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State v. Klayman
...the decision has constitutional ramifications for those persons whose sentence was rendered or upheld pursuant to State v. Baxley, 684 So.2d 831, 832-33 (Fla. 5th DCA 1996), and our decision in State v. Klayman, 765 So.2d at 784-85. The district court agreed with Klayman, reversed the trial......
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Hayes v. State
...to determine whether the defendant can be charged with drug trafficking. See, e.g., Hayes, 720 So.2d at 1097; State v. Baxley, 684 So.2d 831, 832-33 (Fla. 5th DCA 1996).1 In contrast, the First and Second Districts have concluded that if the amount of hydrocodone is fifteen milligrams or le......
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Wilder v. State
...intent. The Legislature finds that the opinions in State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998) [Hayes I ] and State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.This argument is based on the flawed premise that subsection (7) reflects a legislati......
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Chapter 55, SB 232 – An act relating to controlled substances; amending s. 893.03, F.S.; adding materials, compounds, mixtures, or preparations containing certain limited quantities of hydrocodone to the substances listed under Schedule III as controlled substances; providing direction on which law appertains to the weighing of...
...legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996) correctly construe legislative Section 3. For the purpose of incorporating the amendments to section 893.135, Florida Stat......
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Chapter 212, HB 1401 – An act relating to sentencing; reenacting sections 9, 10, and 12 of chapter 99-188, Laws of Florida; amending s. 893.135, F.S.; defining the term "cannabis plant"; providing mandatory minimum prison terms and mandatory fine amounts for trafficking in cannabis, cocaine, illegal drugs, phencyclidine,...
...legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996) correctly construe legislative Section 4. Except as specifically provided otherwise in this act, the provisions reenacted ......
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Fla. Stat. § 893.135 Trafficking; Mandatory Sentences; Suspension Or Reduction of Sentences; Conspiracy to Engage In Trafficking
...legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.Notes:History: Amended by 2023 Fla. Laws, ch. 26,s 2, eff. 10/1/2023.History: Amen......
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Chapter 10, SB 160 – An act relating to controlled substances; creating s. 893.031, F.S.; providing definitions; specifying that for purposes of certain industrial uses, 1,4-Butanediol and gamma-butyrolactone (GBL) are ex-cepted from the schedule of controlled substances when in the possession of an authorized manufacturer or...
...legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative Section 5. This act shall take effect upon becoming a law. Approved by the Governor May 2......