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Posted by John P. Rutkowski | Sep 15, 2022 | 0 Comments

Appellant was convicted of possession with intent to sell a counterfeit substance which the court of appeals reversed based on insufficient evidence. The statute requires the counterfeit substance either be labeled or identified as a controlled substance. The evidence at trial failed to show either.  

Appellant was found in possession of a cigar tube, which contained what a detective believed contained rocks of crack cocaine, however, the rocks tested negative for cocaine. Appellant told law-enforcement that he bought what he thought was crack cocaine but that the substance was not real cocaine.

In order for the State to prove a violation of the statute the State was required to present evidence of either some labelling, which contained some identifying mark, number, or likeness of a trademark of a manufacturer other than the person who in fact manufactured the product. Or the State must prove that the substance was falsely identified as a controlled substance that is listed in the Statute.

Read opinion below:

About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.


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Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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