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STATE OF FLORIDA, Appellant, v. WILSON CANNON, Appellee

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 STATE OF FLORIDA, Appellant, v. WILSON CANNON, Appellee. No. 4D09-3545 [March 2, 2011] POLEN, J. The State appeals from the dismissal of sale of cocaine and possession charges against appellee. The issue is whether the undercover officers? actions, in giving appellee cocaine after the transaction was complete and allowing him to go into the community with that substance, violated due process and required that the charges against appellee be dismissed. We answer that question in the affirmative, but as to the possession charge only. The sale of cocaine charge should stand, as that offense was already completed when the officers allowed appellee to take some of the crack cocaine...continue to full post

Full post as published by Florida Criminal Law Opinions on March 02, 2011 (boomark / email).