Florida District Courts of Appeal, 1990

State v. Smith

Florida District Courts of Appeal · Decided June 26, 1990 · Baskin, Hubbart, Nesbitt

562 So. 2d 451; 1990 Fla. App. LEXIS 4588; 1990 WL 88110 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Fraser (Fla. Dist. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

On examination of the record and the defendant’s confession of error, we reverse an order dismissing the information on the *452basis that the statute which the defendant was charged with violating was unconstitutional. In Burch v. State, 558 So.2d 1 (Fla. 1990), the supreme court held constitutional section 893.13(1)(e), Florida Statutes (1989), under which the sale or delivery of a controlled substance within 1,000 feet of a public school is unlawful.

Reversed and remanded.

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