R. C.
v.
STATE OF FLORIDA
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Evidence of residue on alleged paraphernalia must affirmatively establish that such residue is a controlled substance to satisfy the prima facie case for possession of drug paraphernalia under section 893.147(1), Florida Statutes.
[1] To establish a prima facie case of possession of drug paraphernalia under section 893.147(1), Florida Statutes, the State must present evidence that residue present on th…
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Join FLexlaw to unlock all legal intelligenceR.C. was adjudicated delinquent on two counts of possession of drug paraphernalia in juvenile court. The evidence presented at the adjudicatory hearin…
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PER CURIAM.
We reverse the adjudication of delinquency for two counts of possession of drug paraphernalia and remand for entry of a judgment of dismissal. The evidence presented at the adjudicatory hearing failed to establish that the residue on the alleged paraphernalia was a controlled substance. Therefore, the State failed to establish a prima facie case of use or possession with intent to use paraphernalia pursuant to section 893.147(1), Florida Statutes (2016), and the motion for judgment of dismissal should have been granted. See M.M. v. State, 152 So. 3d 121, 123-24 (Fla. 3d DCA
2014).
Reversed and remanded.
VILLANTI, BLACK, and SALARIO, JJ., Concur.
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Citator
Cited By
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Moore v. State (Fla. 2d DCA 2020)
Authorities Cited
- Flemming v. Nestor, 363 U.S. 603 (U.S. 1960)
- City of Mobile v. Bolden, 446 U.S. 55 (U.S. 1980)
- Richardson v. Belcher, 404 U.S. 78 (U.S. 1971)
- Jefferson v. Hackney, 406 U.S. 535 (U.S. 1972)
- Scott v. The City OF Anniston, 597 F.2d 897 (5th Cir. 1979)
- Marvin v. Univ. Hospital/Broadspire Servs., Inc., 152 So. 3d 121 (Fla. 1st DCA 2014)
- M.M. v. State, 152 So. 3d 121 (Fla. 3d DCA 2014)