Gonzalez v. State

The Appellant, Naomi Gonzalez, was charged with one count of trafficking in oxycodone by possessing four grams or more but less than fourteen grams, and one count of withholding information from a practitioner. She filed a motion to dismiss the trafficking count based on the prescription defense. After her motion was denied, she pled no contest to both counts, reserving her right to appeal the dispositive order denying her motion. Because the state’s traverse disputed an interpretation of law rather than the factual issue of whether Gonzalez had a valid prescription, we reverse.

Gonzalez’s…