Dieujuste v. State

The issue presented on appeal is whether there was evidence of appellant’s partic*1211ipation in any prior activity regarding a drug transaction sufficient to establish an agreement to traffic in oxycodone. We find, since there was insufficient evidence of appellant’s involvement in any pre-transaction discussions, conversations, or meetings with the co-defendant, that appellant’s conviction and sentence for conspiracy to traffic in oxycodone should be reversed.

Edward McCabe, an undercover officer from the Delray Beach Police Department, contacted David Levine for fifty additional oxycodone pills…