MANGER v. STATE (2000)

District Court of Appeal of Florida,Fourth District.

David MANGER, Appellant, v. STATE of Florida, Appellee.

No. 4D99-1839.

Decided: March 22, 2000

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.

Affirmed. Appellant has failed to demonstrate fundamental error in his plea of no contest for trafficking in hydrocodone. He misplaces his reliance on Hayes v. State, 750 So.2d 1 (Fla. 1999). Here, the state charged appellant with trafficking in hydrocodone because he had in his possession hydrocodone in an amount of 28 grams or more, but less than 30 kilograms contrary to sections 893.135(1)(c)1 c and 893.03(2)(a)1 j, Florida Statutes (1997). According to the arrest affidavit, “[e]ach Hydrocodone pill contain[ed] .7 grams of Hydrocodone, a Schedule II Narcotic, for a total weight of 70 grams of Hydrocodone.” See §§ 893.03(2)(a)1 j, 893.03(3)(c) 3, Fla. Stat. (1997). Since each pill contained more than 15 milligrams of hydrocodone per dosage unit, the state correctly classified the substance as a Schedule II narcotic, aggregated the total amount in appellant's possession, and charged him with trafficking in hydrocodone. See id.; Hayes, 750 So.2d at 2.

AFFIRMED.

PER CURIAM.

DELL, POLEN, and GROSS, JJ. concur.

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