Narrative Opinion Summary
The State appeals the trial court's decision to grant Kimberlee Wells' motion to dismiss a conspiracy to traffic in hydrocodone charge. The appellate court affirms the trial court's ruling, referencing State v. Perry and State v. Holland as authoritative precedents. Additionally, the court certifies a conflict with State v. Baxley, which determined that selling four grams or more of hydrocodone could lead to trafficking prosecution. The decision includes concurrence from Chief Judge Parker and Judges Blue and Quince.
Legal Issues Addressed
Authority of Precedent in Appellate Decisionssubscribe to see similar legal issues
Application: The appellate court's decision is supported by the authoritative precedents set in State v. Perry and State v. Holland.
Reasoning: The appellate court affirms the trial court's ruling, referencing State v. Perry and State v. Holland as authoritative precedents.
Certification of Conflict in Appellate Rulingssubscribe to see similar legal issues
Application: The appellate court acknowledges a conflict with the decision in State v. Baxley regarding the threshold for trafficking prosecution.
Reasoning: Additionally, the court certifies a conflict with State v. Baxley, which determined that selling four grams or more of hydrocodone could lead to trafficking prosecution.
Concurrence in Judicial Opinionssubscribe to see similar legal issues
Application: The decision to affirm the trial court's ruling includes the agreement of Chief Judge Parker and Judges Blue and Quince.
Reasoning: The decision includes concurrence from Chief Judge Parker and Judges Blue and Quince.
Dismissal of Conspiracy to Traffic Chargessubscribe to see similar legal issues
Application: The trial court's decision to dismiss the conspiracy to traffic charge against Kimberlee Wells is affirmed by the appellate court.
Reasoning: The State appeals the trial court's decision to grant Kimberlee Wells' motion to dismiss a conspiracy to traffic in hydrocodone charge.