State v. Paez

In this case, the State appeals the dismissal of an information charging Appellee Nicole Paez with the sale, delivery, or possession of oxycodone. We reverse the dismissal and remand for the case to proceed.

Background

Appellee was arrested following a traffic stop during which the officer discovered oxycodone, specifically 28 Percocet pills. In her motion to dismiss, Appellee claimed that the Percocet was prescribed to her and to a Mend of hers whom she was driving to doctor appointments. Relying on the prescription defense described in Shedd v. State, 137 So.3d 456, 458-59 (Fla. 4th DCA…