State v. Roth

The State of Florida appeals a circuit court order dismissing without prejudice a second amended information charging the appellee and a co-defendant with conspiracy to traffic in illegal drugs (oxycodone), 28 grams or more. We reverse.

The issue is whether the count including the appellee was legally sufficient under Florida Rule of Criminal Procedure 3.140(d)(1). The second amended information charged that:

between on or about March 7, 2013, and on or about April 6, 2013, in the Eleventh and Sixteenth Judicial Circuits of Florida, to-wit: Miami-Dade and Monroe Counties, Defendants, ALBERTO…