Mariano v. State

Appellant was charged by information with uttering a forged prescription for a controlled substance, bontril, and she entered a plea of not guilty and elected a nonjury trial. The trial court found appellant guilty as charged, withheld adjudication, and sentenced her to six months’ probation. We reverse.

Section 893.13(3)(a)1, Florida Statutes (1991), under which appellant was charged, provides that it is unlawful “[t]o acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.” (emphasis added). The…