Legal Opinion

State v. Dubose

Circuit Court for the Judicial Circuits of Florida

Decided September 3, 1986No. Case No. 86-4542-CFPublished

1Opinion of the Court

OPINION OF THE COURT

LOUIS SAFER, Circuit Judge.

*47 ORDER GRANTING MOTION TO DISMISS COUNT II OF INFORMATION

Defendant is charged in Count II of the Information under F.S. 893.135(1)(c) with Trafficking in Heroin.

Defendant filed a motion to dismiss this count or in the alternative to reduce the charge to possession.

A hearing was held at which the State presented the sworn testimony of Thomas E. Zimmer, a chemist with FDLE. For the purpose of this hearing, it was stipulated that the witness was an expert in the field of controlled substance analysis.

Mr. Zimmer testified in essence:

Direct Examination

2Cases cited24 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  4. Moore v. IllinoisSupreme Court of the United States · 1972
  5. Salvatore v. StateSupreme Court of Florida · 1978

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