Florida District Courts of Appeal, 1987

State v. Bragg

State v. Bragg
Florida District Courts of Appeal · Decided December 3, 1987 · Cobb, Orfinger, Sharp
516 So. 2d 78; 12 Fla. L. Weekly 2740; 1987 Fla. App. LEXIS 11285; 1987 WL 2035 (Southern Reporter, Second Series)

State v. Bragg

Opinion of the Court

COBB, Judge.

The state appeals the trial court’s dismissal of a count in an information charging appellee Edward Joseph Bragg with delivery of cannabis to a minor. The issue in this appeal is whether Bragg, age 18 years and 3 months at the time of the offense, could have violated section 893.13(l)(c), Florida Statutes (1985), which provides:

Except as authorized by this chapter, it is unlawful for any person over the age of 18 years to deliver any controlled substance to a person under the age of 18 years.

The trial court interpreted this proviso to exclude persons who had not reached their 19th birthday. A common sense reading of the proviso shows that the legislature intended the dividing line to be the 18th birthday. Accordingly, we reverse.

REVERSED.

ORFINGER and SHARP, JJ., concur.

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