648 So. 2d 249 | Fla. Dist. Ct. App. | 1994
This is an appeal from the denial of a writ of coram nobis. We affirm.
In 1988, Todd pled guilty to the alleged crime of trafficking by possession of over 28 grams of hydromorphone (Dilaudid) in asserted violation of Florida Statute § 893.135(l)(c). After serving his sentence, he brought the present application on the claimed, and now admitted, ground that Dilaudid is neither “morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin” as specifically set forth in § 893.135(l)(c), Fla.Stat. (1987).
In rejecting the appellant’s claim for reversal, we find it unnecessary to determine whether Diloreto was correctly decided.
Affirmed.
.The pertinent provisions of the statute provide:
(c) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(l)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance, is guilty of a felony of the first degree, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
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3. Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of $500,000.
. The prosecution rather persuasively argues that . Diloreto improperly reads "as described in s. 893.03(l)(b) or (2)(a)” out of the statute.
. This provision reads in pertinent part as follows:
(a) Unless specifically excepted or unless listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis:
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1. Opium and any salt, compound, derivative, or preparation of opium, except isoquinoline alkaloids of opium, including but not limited to the following:
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k. Hydromorphone.