Legal Opinion

DeFreis v. State

District Court of Appeal of Florida

Decided April 17, 2002No. 4D01-254PublishedCited by 1 opinion

1Per curiam

In 1998 appellant pled guilty to separate charges of trafficking in oxycodone and trafficking in hydrocodone. This appeal is from an order denying her rule 3.850 motion alleging that Ipoth of her sentences were illegal because they exceeded the statutory maximum under a case decided after her plea, Hayes v. State, 750 So.2d 1 *1167(Fla.1999)(holding that drug trafficking statute did not apply to possession of hy-drocodone where the aggregate amount of the hydrocodone concentration — 15 milligrams per dosage unit — didn’t equal or exceed 4 grams). We have concluded that Hayes applies retroactively.…

2Cases cited3 opinions

  1. Hayes v. StateSupreme Court of Florida · 1999
  2. Klayman v. StateDistrict Court of Appeal of Florida · 2000
  3. State v. TravisSupreme Court of Florida · 2002

3Cited by1 opinion

  1. Earle v. StateDistrict Court of Appeal of Florida · 2003

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