District Court of Appeal of Florida October 3, 2005, No. 1D05-1016 (State v. Boyette)

PER CURIAM.

The State appeals' the trial court’s order granting Appellee’s motion to dismiss the charge of trafficking in hydrocodone in violation of section 893.135(l)(e)l.c., Florida Statutes (2002). The trial court granted the motion based on the supreme court’s decision in Hayes v. State, 750 So.2d 1 (Fla.