618 So. 2d 294

STATE of Florida, Appellant, v. Harold Linford GREEN, Appellee.

No. 92-2523.

District Court of Appeal of Florida, Fourth District.

April 21, 1993.

Motion for Clarification or Certification of Question Denied June 7, 1993.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals from the trial court’s order granting appellee’s motion to dismiss the information charging him with solicitation to deliver cocaine. The trial court dismissed on the authority of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), review denied, 599 So.2d 1280 (Fla.1992) and Grissett v. State, 594 So.2d 321 (Fla. 4th DCA), dismissed, 599 So.2d 1280 (Fla.1992). The trial court found the police had manufactured the crack cocaine used in this transaction and that its use constituted an integral part of the transaction whether charged as purchase of cocaine or solicitation to purchase cocaine.

We reverse. In Metcalf v. State, 614 So.2d 548 (Fla. 4th DCA 1993), this court expressly rejected the reasons relied upon by the trial court in its order of dismissal. We also find no merit in appellee’s argument that the dismissal should be) upheld on grounds of double jeopardy.

REVERSED and REMANDED.

DELL, GUNTHER and FARMER, JJ., concur.

State v. Green
618 So. 2d 294

Case Details

Name
State v. Green
Decision Date
Apr 21, 1993
Citations

618 So. 2d 294

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!