State v. Clemones

Defendant was charged by information with solicitation to deliver cocaine and moved to dismiss on the ground that the cocaine was manufactured by a law enforcement agency. The trial court granted the motion to dismiss based on Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), rev. denied, 599 So.2d 1280 (Fla. 1992). In Kelly we held that a defendant charged with the purchase of manufactured crack has been denied due process.

Subsequent to Kelly (and the entry of the order before us) we held, in Metcalf v. State, 614 So.2d 548 (Fla. 4th DCA 1993), that the charge of solicitation to purchase…