From Casetext: Smarter Legal Research

State v. Smith

District Court of Appeal of Florida, Third District
Jun 26, 1990
562 So. 2d 451 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-72.

June 26, 1990.

An Appeal from the Circuit Court for Dade County; Thomas M. Carney, Judge.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Before HUBBART, NESBITT and BASKIN, JJ.


On examination of the record and the defendant's confession of error, we reverse an order dismissing the information on the basis 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.


Summaries of

State v. Smith

District Court of Appeal of Florida, Third District
Jun 26, 1990
562 So. 2d 451 (Fla. Dist. Ct. App. 1990)
Case details for

State v. Smith

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. PAUL SMITH, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 26, 1990

Citations

562 So. 2d 451 (Fla. Dist. Ct. App. 1990)

Citing Cases

State v. Fraser

We note that the Third District has certified to the supreme court the question of whether Pope applies…