State v. Smith

Florida District Courts of Appeal
State v. Smith, 562 So. 2d 451 (1990)
1990 Fla. App. LEXIS 4588; 1990 WL 88110
Baskin, Hubbart, Nesbitt

State v. Smith

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.

Reference

Full Case Name
The STATE of Florida v. Paul SMITH
Cited By
1 case
Status
Published