Baldwin v. State

COBB, Judge.

Baldwin entered a plea of nolo conten-dere below, reserving his right to appeal the denial of a motion to dismiss the information charging him with attempted delivery of drug paraphernalia and unlawful possession of drug paraphernalia with intent to deliver.

The main focus of Baldwin’s appeal is his contention that since the items were purchased by undercover agents, the state is unable to prosecute him, since what he claims is a necessary element of the charge — that the buyer have the intent to use the paraphernalia in an illicit manner— is missing.

Baldwin was charged under…