LR v. State, 557 So. 2d 121 (Fla. 3d DCA 1990). · Go Syfert
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LR v. State, 557 So. 2d 121 (Fla. 3d DCA 1990). Cases Citing This Book View Copy Cite
20 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Hampton (fladistctapp, 2010-10-01)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Hampton
Fla. Dist. Ct. App. · 2010 · confidence medium
The issue, however, caught the attention of the experienced trial judge, who was aware of the decision in L.R. v. State, 557 So.2d 121, 122 (Fla. 3d DCA 1990).
discussed Cited as authority (rule) Johnson v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
This is particularly so because presumptive tests conducted by a field officer alone are not sufficient to establish a prima facie case; FDLE reports are often vital to the State's prosecution. [1] See L.R. v. State, 557 So.2d 121 *8 (Fla. 3d DCA 1990) (finding that a positive presumptive test for cocaine was insufficient to establish a prima facie case of possession).
cited Cited "see" Bray v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See L.R. v. State, 557 So.2d 121 (Fla. 3d DCA 1990), and Weaver v. State, 543 So.2d 443 (Fla. 3d DCA 1989).
discussed Cited "see" Sharpe v. State
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
Weaver v. State, 543 So.2d 443 (Fla. 3d DCA 1989) (insufficient evidence to revoke probation based on a charge of trafficking in heroin where no expert testimony or laboratory reports were introduced in evidence at the probation revocation hearing establishing that the substance sold by the defendant was, in fact, heroin); see L.R. v. State, 557 So.2d 121 (Fla. 3d DCA 1990); Arnold v. State, 497 So.2d 1356 (Fla. 4th DCA 1986).
discussed Cited "see, e.g." KEVIN BLANCHARD VS. NEW JERSEY DEPARMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)
N.J. Super. Ct. App. Div. · 2019 · signal: see, e.g. · confidence low
See e.g., L.R. v. State, 557 So.2d 121 (Fla. Dist.
Retrieving the full opinion text from the archive…
L.R., a Juvenile, Appellant,
v.
The STATE of Florida, Appellee.
88-1091.
District Court of Appeal of Florida, Third District.
Feb 13, 1990.
557 So. 2d 121
Hubbart, Baskin and Cope.
Published

[*122] Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

L.R. appeals his adjudication of delinquency for possession of cocaine. At the adjudicatory hearing the sole evidence identifying the substance was the officer's testimony that, based on his past experience, it appeared to be rock cocaine, and that it field tested positive for cocaine. The officer described the procedure for performing the test but was unable to testify as to the reliability of the test. No laboratory report was introduced, nor was a chemist called to testify. Based on Cabral v. State, 550 So.2d 46 (Fla. 3d DCA 1989) and Weaver v. State, 543 So.2d 443 (Fla. 3d DCA 1989), the evidence was insufficient. We therefore reverse the adjudication of delinquency and remand with directions to discharge L.R.

Reversed.