From Casetext: Smarter Legal Research

Twinn v. State

District Court of Appeal of Florida, Third District
Nov 29, 1983
442 So. 2d 286 (Fla. Dist. Ct. App. 1983)

Summary

reversing defendant's conviction under Section 831.31 when he was arrested with "seven clear plastic bags containing a white powder, which later proved not to be cocaine or any other controlled substance"

Summary of this case from U.S. v. Frazier

Opinion

No. 82-1494.

November 29, 1983.

Appeal from the Circuit Court, Monroe County, Paul E. Esquinaldo, Acting J.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.


Keith Twinn offered to sell cocaine to an undercover police officer. Following Twinn's arrest seven clear plastic bags containing a white powder, which later proved not to be cocaine or any other controlled substance, were found on his person.

Twinn was charged with violating the counterfeit controlled substance provision of the Florida Statutes, § 831.31, Fla. Stat. (1981). Twinn argues, and we agree, that it was inappropriate to charge him under section 831.31 rather than section 817.563, Florida Statutes (1981). We accordingly reverse the conviction and remand to the trial court for further proceedings.

Reversed and remanded for further proceedings.


Summaries of

Twinn v. State

District Court of Appeal of Florida, Third District
Nov 29, 1983
442 So. 2d 286 (Fla. Dist. Ct. App. 1983)

reversing defendant's conviction under Section 831.31 when he was arrested with "seven clear plastic bags containing a white powder, which later proved not to be cocaine or any other controlled substance"

Summary of this case from U.S. v. Frazier
Case details for

Twinn v. State

Case Details

Full title:KEITH KIRK TWINN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 29, 1983

Citations

442 So. 2d 286 (Fla. Dist. Ct. App. 1983)

Citing Cases

U.S. v. Frazier

The Florida cases treat it as directed at counterfeiting, not at controlled substances. See Durr v. State,…

Durr v. State

He moved to dismiss the subsequent charge under 831.31, and the trial court denied the motion. This court…