Summary
finding that testimony that sale occurred within 158 feet or less of Salem Haitian Lutheran Church and that religious services were regularly conducted at the church was more than sufficient to overcome any vagueness challenge to the statute
Summary of this case from McHolder v. StateOpinion
No. 4D99-1557.
Opinion filed December 6, 2000.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard Wennet, Judge; L.T. Case No. 98-2138 CF A02 T.
Kevin R. Anderson of Anderson Dalley, L.L.P., West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Steven R. Parrish, Assistant Attorney General, West Palm Beach, for appellee.
We affirm Appellant's conviction and sentence for the sale of cocaine within 1000 feet of a house of worship. There was testimony at trial that the sale occurred within 158 feet, or less, of the Salem Haitian Lutheran Church, and that religious services are regularly conducted at the church. As in Jean v. State, 764 So.2d 605 (Fla. 4th DCA 1999), Appellant's conduct fell within that proscribed by the plain meaning of section 893.13(1)(e), Florida Statutes; hence, he may not "successfully challenge the statute for vagueness nor complain of its vagueness as applied to the hypothetical conduct of others." Id. at 607; see also Rice v. State, 754 So.2d 881 (Fla. 5th DCA 2000). Appellant's argument that the statute's lack of definition of the term "physical place for worship" makes it susceptible of arbitrary enforcement is simply an additional challenge based on vagueness. We also affirm as to the evidentiary issue raised, as it was not preserved.
Gunther, Stone, and Farmer, JJ., Concur.