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L.R. v. State

District Court of Appeal of Florida, Third District
Feb 13, 1990
557 So. 2d 121 (Fla. Dist. Ct. App. 1990)

Summary

finding that a positive presumptive test for cocaine was insufficient to establish a prima facie case of possession

Summary of this case from Johnson v. State

Opinion

No. 88-1091.

February 13, 1990.

Appeal from the Circuit Court, Dade County, James C. Henderson, J.

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.


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.


Summaries of

L.R. v. State

District Court of Appeal of Florida, Third District
Feb 13, 1990
557 So. 2d 121 (Fla. Dist. Ct. App. 1990)

finding that a positive presumptive test for cocaine was insufficient to establish a prima facie case of possession

Summary of this case from Johnson v. State

In L.R., the the Third District held, without much discussion, that the evidence was legally insufficient in a drug case because there was no evidence from a forensic chemist and only evidence from an experienced police officer that the substance appeared to be crack cocaine and that a field test indicated that it was cocaine.

Summary of this case from State v. Hampton
Case details for

L.R. v. State

Case Details

Full title:L.R., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 13, 1990

Citations

557 So. 2d 121 (Fla. Dist. Ct. App. 1990)

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