DAROLD TIBBETTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAROLD TIBBETTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
583 So. 2d 809
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. We have considered all of the points raised by appellant and find no reversible error. Specifically, we reject appellant’s contention that he could not be found guilty of an attempt to purchase cocaine when the substance used by the police in the reverse sting operation involving appellant was fake cocaine. Cf. State v. Cohen, 409 So. 2d 64 (Fla. 1st DCA 1982).
ANSTEAD, LETTS and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brooks v. State, 762 So. 2d 879 (Fla. 2000)…nded to commit the offense and committed an overt act toward its completion. See § 777.04(1), Fla. Stat. (1995). The State was not required to prove that the substance involved was actually cocaine or a mixture thereof. See, e.g., Tibbetts v. State, 583 So. 2d 809, 810 (Fla. 4th DCA 1991); Louissaint v. State, 576 So. 2d 316, 317 (Fla. 5th DCA 1990). In accord with the reasoning of both Kocol v. State, 546 So. 2d 1159 (Fla. 5th DCA 1989), and Spera v. State, 656 So. 2d 550 (Fla. 2d DCA 1995), there is compete…
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Tisby v. State, 614 So. 2d 586 (Fla. 4th DCA 1993)…91). It has also been determined with respect to charges involving attempts, that where a substance is not itself an essential element of the crime, it does not matter whether the substance used is introduced, or is even real. See Tibbetts v. State, 583 So. 2d 809 (Fla. 4th [*587] DCA 1991). See also Louissaint v. State, 576 So. 2d 316 (Fla. 5th DCA 1990); State v. Cohen, 409 So. 2d 64 (Fla. 1st DCA 1982.) As in Metcalf we conclude that the nature and source of the substance attempted to be purchased is not…
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Metcalf v. State, 614 So. 2d 548 (Fla. 4th DCA 1993)…91). It has also been determined with respect to charges involving attempts, that where a substance is not itself an essential element of the crime, it does not matter whether the substance used is introduced, or is even real. See Tibbetts v. State, 583 So. 2d 809 (Fla. 4th DCA 1991). See also Louissaint v. State, 576 So. 2d 316 (Fla. 5th DCA 1990); State v. Cohen, 409 So. 2d 64 (Fla. 1st DCA 1982). We conclude that the limited relationship between the drugs in the deputy’s possession and the elements of thi…
Authorities Cited
- State v. Cohen, 409 So. 2d 64 (Fla. 1st DCA 1982)