State v. Bowen

Appellant, State of Florida, appeals the dismissal by the lower court of the charge of trafficking in hydrocodone in violation of section 893.135(l)(c)l.b, Florida Statutes (1996). We reverse and remand the order of dismissal, and direct that the charge against appellee, Christopher Bowen, be reinstated.

In this case, as in State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998), rev. granted, 732 So.2d 327 (Fla.1999), the charge which is the basis of the appeal is trafficking in hydrocodone. In Hayes, this court held that where hydrocodone was mixed or commingled with a substance which is capable…