Whitfield v. State
Whitfield v. State
Opinion of the Court
Raising several issues on appeal, Retha Sue Whitfield seeks review of her judgments of conviction and the sentences imposed for 132 offenses. For the reasons set forth below, we reverse appellant’s convictions on 15 drug offenses. We affirm the convictions on all other offenses without elaboration.
In counts 1 through 13 of the amended information, appellant was charged with unlawfully acquiring or obtaining controlled substances “by misrepresentation, fraud, forgery, deception, or sub
In counts 25 and 32, appellant was charged with unlawfully acquiring or obtaining “a controlled substance, to-wit: Darvocet, also known as Propoxyphene Napsylate” contrary to section 893.-13(3)(a)l, Florida Statutes. The appellant unsuccessfully moved for judgments of acquittal, arguing that no evidence established that she acquired or obtained a controlled substance listed in section 893.03, Florida Statutes. The trial court should have granted the motion. Although the evidence established that appellant obtained “Darvocet,” which was variously referred to as “propoxyphene anthrocet” and “propoxyphene napsy/apap,” nothing in the record indicates that appellant unlawfully obtained “dextropropoxyphene,” the controlled substance listed in the applicable statute. See § 893.03(4)(o), Fla.Stat. (1987). Nor was there any evidence that the charged substance was a compound that contained the listed controlled substance, dextropropoxyphene. Cf. State v. Sobel, 363 So.2d 324 (Fla. 1978) (proof that the defendant possessed lysergic acid diethylamide was sufficient to support conviction for charged offense of possession of lysergic acid where testimony established that diethylamide contained lysergic acid and could be reduced to the prohibited substance).
Accordingly, we are obliged to reverse appellant’s convictions on counts 1 through 13, 25 and 32, and remand the case for resentencing.
Reference
- Full Case Name
- Retha Sue WHITFIELD v. STATE of Florida
- Cited By
- 1 case
- Status
- Published