State v. Quetglas

CANADY, Judge.

The State appeals the circuit court’s order granting Miguel Quetglas’s Florida Rule of Criminal Procedure 3.190(c)(4) motion to dismiss the criminal charge against him. Because we conclude that the trial court misinterpreted the statute under which Quetglas was charged and that the motion to dismiss was facially insufficient, we reverse.

Background

The State filed an information charging Quetglas in count I with possession of gamma-hydroxybutyric acid (GHB), a schedule II controlled substance listed in section 893.03(2)(b)(ll), Florida Statutes (2000). Quetglas filed a motion to…