Florida District Courts of Appeal, 1992

Hill v. State

Hill v. State
Florida District Courts of Appeal · Decided December 30, 1992 · Anstead, Downey, Glickstein, James
613 So. 2d 55; 1992 Fla. App. LEXIS 13053; 1992 WL 385619 (Southern Reporter, Second Series)

Hill v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

GLICKSTEIN, C.J., and DOWNEY, JAMES C., Senior Judge, concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

Pursuant to appellant’s motion for post-conviction relief the trial court vacated his conviction for purchasing police-manufactured cocaine. The trial court relied on this court’s decision in Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA), rev. denied, 599 So.2d 1280 (Fla. 1992), invalidating a similar conviction because of the police manufacture of the drugs in question. This decision appears correct. See Hassoun v. State, 609 So.2d 1347 (Fla. 4th DCA 1992).

However, the trial court left intact appellant’s conviction for tampering with the same police-manufactured cocaine. It seems to me that if appellant was entitled to relief, as we have indicated in Hassoun, he was entitled to relief on both charges predicated on the illegally manufactured cocaine.

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