Twinn v. State, 442 So. 2d 286 (Fla. 3d DCA 1983). · Go Syfert
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Twinn v. State, 442 So. 2d 286 (Fla. 3d DCA 1983). Cases Citing This Book View Copy Cite
6 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: United States v. Frazier
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) United States v. Frazier
unknown court · 1996 · confidence medium
See Durr v. State, 583 So.2d 424 (Fla.Dist.Ct.App.1991) (no violation of § 831.31 when officers found a “clear Ziploc sandwich bag containing 12 rocks of what appeared to be cocaine, but was not”); Adderly v. State, 571 So.2d 557 (Fla.Dist.Ct.App.1990), (reversing a conviction under the “counterfeit controlled substance” statute when the defendant possessed a “nondescript, unmarked, and unlabeled bag containing eight rocks of fake cocaine”); Twinn v. State, 442 So.2d 286, 287 (Fla.Dist.Ct.App.1983) (reversing defendant’s conviction under § 831.31 when he was arrested with “se…
cited Cited "see" Bedford v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Twinn v. State, 442 So.2d 286 (Fla. 3d DCA 1983).
Keith Kirk TWINN, Appellant,
v.
The STATE of Florida, Appellee.
82-1494.
District Court of Appeal of Florida, Third District.
Nov 29, 1983.
442 So. 2d 286
Barkdull, Ferguson and Jorgenson.
Cited by 5 opinions  |  Published

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

[*287] Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

PER CURIAM.

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.