State v. Perry, 97-03705
| Decision Date | 14 August 1998 |
| Docket Number | No. 97-03705,97-03705 |
| Citation | 716 So.2d 327 |
| Parties | 23 Fla. L. Weekly D1908 STATE of Florida, Appellant, v. Daryl PERRY, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellant.
James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Clearwater, for Appellee.
The State timely appeals the trial court's order granting defendant's, Daryl Perry, motion to dismiss three counts of trafficking in hydrocodone. We affirm on the authority of State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and certify conflict with State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996).
Affirmed.
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State v. Barnum
...but the State did not seek to invoke our jurisdiction. The Second District Court of Appeal followed Holland in State v. Perry, 716 So.2d 327, 327 (Fla. 2d DCA 1998), affirming the dismissal of three counts of trafficking in hydrocodone. The Second District also certified conflict with Baxle......
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Hayes v. State
...in State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998), which certified conflict with the Second District's decision in State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998), and the First District's decision in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), concerning whether the drug tra......
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Johnson v. State
...denied, 694 So.2d 737 (Fla.1997), and certify conflict with State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997) and State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998)(affirmed dismissal of charges based on AFFIRMED. WARNER, J., and BRYAN, BEN L., Associate Judge, concur. ...
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GASCHLER v. State, 98-0515.
...4th DCA 1998), review granted, 732 So.2d 327 (Fla.1999), but urges us to either reconsider Hayes or certify conflict with State v. Perry, 716 So.2d 327 (Fla. 2d DCA), review granted, 727 So.2d 911 (Fla.1998), and State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997). Pursuant to Hayes, we ho......