Legal Opinion

Cortez v. State

District Court of Appeal of Florida

Decided August 25, 2000No. 5D99-2234Published

1Opinion of the CourtW. Sharp, J.

Cortez appeals from an order adjudicating her guilty and placing her on probation for the offense of acquiring or attempting to acquire possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.1 She argues that the trial court erred in not directing a verdict in her favor because the prosecution failed to adduce sufficient evidence of her fraudulent intent and knowledge. We affirm.

This was a relatively short trial, in which only two state witnesses testified. Dr. Richard Litsky, an emergency room physician, testified that Cortez was admitted to the…

2Cases cited10 opinions

  1. Richardson v. StateSupreme Court of Florida · 1971
  2. Atwater v. StateSupreme Court of Florida · 1993
  3. Reese v. StateSupreme Court of Florida · 1997
  4. Mercer v. StateDistrict Court of Appeal of Florida · 1995
  5. Benedith v. StateSupreme Court of Florida · 1998

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