State v. Milbro

SCHEB, Acting Chief Judge.

The state appeals the trial court’s dismissal of the charge of solicitation to deliver a controlled substance. We find merit in the state’s argument that the court erred in finding the defendant not guilty on the basis that the substance offered was not in fact cocaine.

The defendant was charged with soliciting to deliver cocaine on March 2, 1990. He filed a motion to dismiss alleging there were no material facts in dispute and that the undisputed facts did not make a prima facie showing of Defendant’s guilt.1 The facts alleged in the motion were: (1) the defendant…