R.C., Appellant, v. STATE (2018)

District Court of Appeal of Florida, Second District.

R.C., Appellant, v. STATE of Florida, Appellee.

Case No. 2D17–1976

Decided: May 16, 2018

Howard L. Dimmig, II, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Linsey Sims–Bohnenstiehl, Assistant Attorney General, Tampa, for Appellee.

We reverse the adjudication of delinquency for two counts of possession of drug paraphernalia and remand for entry of a judgment of dismissal. The evidence presented at the adjudicatory hearing failed to establish that the residue on the alleged paraphernalia was a controlled substance. Therefore, the State failed to establish a prima facie case of use or possession with intent to use paraphernalia pursuant to section 893.147(1), Florida Statutes (2016), and the motion for judgment of dismissal should have been granted. See M.M. v. State, 152 So.3d 121, 123–24 (Fla. 3d DCA 2014).

Reversed and remanded.

PER CURIAM.

VILLANTI, BLACK, and SALARIO, JJ., Concur.

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