Opinion

L.R. v. State

1990 Fla. App. LEXIS 780 · District Court of Appeal of Florida · Feb 13, 1990

Full text

L.R., a juvenile v. The STATE of Florida

Opinions in this case

Opinion
Majority

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.

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Parentheticals

holding that positive field test and officer's testimony based on his experience that the substance was cocaine was insufficient to support adjudication of delinquency where the state presented no laboratory report or chemist's testimony
KEVIN BLANCHARD VS. NEW JERSEY DEPARMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)
finding that a positive presumptive test for cocaine was insufficient to establish a prima facie case of possession
Johnson v. State