Moore v. State

BUSSEY, Judge,

dissenting:

I must dissent to the reversal of this case. I am of the opinion that 63 O.S.1981, § 2-206(A)(4) is clear and unambiguous by its terms. I am not convinced that it is within the province of this Court to legislate an isometric derivative exception for cocaine into the statute where the statute clearly excludes, “coca leaves or extractions which do not contain cocaine or ecgo-nine.”

Furthermore, the evidence of appellant’s guilt is clear, convincing and cogent, and I am not persuaded the defense was deprived of any right to present evidence that the three ounces of the white powdery substance, which was sold for $6,600, was cough syrup or cold tablets, or that the State was required to resupply him with samples of the cocaine which he had illegally sold. I would affirm the judgment and sentence.