State v. Fiorenzo

Ray, Judge.

The State appeals from the trial court’s dismissal “with jeopardy” of an accusation against Vincenzo Thomas Fiorenzo for sale of a counterfeit substance. Finding that the trial court erred in dismissing the accusation “with jeopardy,” we reverse and remand.

On February 13, 2012, the State filed an accusation against Fiorenzo alleging that he unlawfully sold a substance that he represented to be MDMA (“Ecstasy”) when, in fact, the substance was not MDMA. On April 27, 2012, Fiorenzo filed a motion indicating his intent to raise the affirmative defense of entrapment, as well as a…