Florida District Courts of Appeal, 1989

Bentley v. State

Bentley v. State
Florida District Courts of Appeal · Decided December 12, 1989 · Cope, Gersten, Schwartz
555 So. 2d 405; 14 Fla. L. Weekly 2917; 1989 Fla. App. LEXIS 6992; 1989 WL 149620 (Southern Reporter, Second Series)

Bentley v. State

Opinion of the Court

PER CURIAM.

The sole point on appeal asserts the unconstitutionality of section 893.13(l)(e), Florida Statutes (1987), which proscribes the sale of a controlled substance within 1,000 feet of school property. Following State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989), review granted (Fla. Case no. 73,826; argued, Sept. 7, 1989), and our previous decision in Austin v. State, 549 So.2d 1153 (Fla. 3d DCA 1989), we reject *406this contention and affirm the judgment below.

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