State v. Perry

Full title: STATE OF FLORIDA, Appellant, v. DARYL PERRY, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Aug 14, 1998

716 So. 2d 327 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-03705

Opinion filed August 14, 1998.

Appeal from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Carol J. Y. Wilson, Assistant Public Defender, Clearwater, for Appellee.

PER CURIAM.

The State timely appeals the trial court's order granting defendant's, Daryl Perry, motion to dismiss three counts of trafficking in hydrocodone. We affirm on the authority of State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), and certify conflict with State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996).

Affirmed.

PATTERSON, A.C.J., and BLUE and GREEN, JJ., Concur.