Florida District Courts of Appeal, 2001

State v. Demps

State v. Demps
Florida District Courts of Appeal · Decided July 30, 2001 · Barfield, Lewis, Wolf
789 So. 2d 1242; 2001 Fla. App. LEXIS 10652; 2001 WL 848782 (Southern Reporter, Second Series)

State v. Demps

Opinion of the Court

PER CURIAM.

The state appeals the trial court’s dismissal of count one of the information charging Brian Demps with violating section 893.13(l)(e), Florida Statutes (1999). As this Court has previously rejected challenges on the statute’s constitutionality based on due process, equal protection, vagueness and establishment clause grounds, we reverse and remand with directions for the trial court to reinstate count one of the information. See State v. Glover, 776 So.2d 1129 (Fla. 1st DCA 2001); State v. McClellan, 765 So.2d 807 (Fla. 1st DCA 2000).

REVERSED and REMANDED with directions.

BARFIELD, WOLF and LEWIS, JJ., CONCUR.

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