State v. Schultz

The state appeals from the circuit court’s order granting the defendant’s motion to dismiss six trafficking in oxycodone charges under section 893.135(l)(c)l.c., Florida Statutes (2009). The state argues the court erred in finding that the state was limited to charging the defendant, a medical doctor, with illicit conduct by a prescribing practitioner under section 893.13(8), Florida Statutes (2009). We agree with the state’s argument and reverse.

The state’s information charged the defendant with twelve counts. Six of those counts were charges for trafficking in oxy-codone. In each of those…