Florida District Courts of Appeal, 1989

Capers v. State

Capers v. State
Florida District Courts of Appeal · Decided December 26, 1989 · Baskin, Cope, Hubbart
557 So. 2d 62; 1989 Fla. App. LEXIS 7277; 1989 WL 155481 (Southern Reporter, Second Series)

Capers v. State

Opinion of the Court

PER CURIAM.

This is an appeal by the defendant David Capers from a judgment of conviction and sentence for unlawful sale of cocaine within 1,000 feet of school property, § 893.13(1)(e), Fla.Stat. (1987), which were entered below based on a nolo contendere plea. The defendant’s sole point on appeal is that the statute under which he was convicted is unconstitutional on its face for a variety of reasons. We reject this point and affirm based on the authority of State v. Burch, 545 So.2d 279 (Fla. 4th DCA), rev. granted, No. 73,826 (Fla. June 5, 1989) (argued Sept. 7, 1989). See Bentley v. State, 555 So.2d 405 (Fla. 3d DCA 1989).

Affirmed.

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