No. 93-4099 | Fla. Dist. Ct. App. | Feb 7, 1995
Eric Lee Harris (Appellant) was charged by information with the sale of a controlled substance (cocaine) within 200 feet of a public housing facility (Count I), in violation of section 893.13(l)(i), Florida Statutes; and with possession of cocaine (Count II), in violation
In accordance with the recent pronouncement in Brown v. State, 629 So. 2d 841" court="Fla." date_filed="1994-01-06" href="https://app.midpage.ai/document/brown-v-state-1676169?utm_source=webapp" opinion_id="1676169">629 So.2d 841, 842 n. 1 (Fla.1994), that the “public housing facility” provision in section 893.13(l)(i), Florida Statutes, is unconstitutionally void for vagueness, we reverse the plea, conviction, and sentence as to Count I and remand with directions for the trial court to enter a conviction for the lesser-included offense of sale of cocaine. § 924.34, Fla.Stat.; Paige v. State, 641 So. 2d 179" court="Fla. Dist. Ct. App." date_filed="1994-08-12" href="https://app.midpage.ai/document/paige-v-state-1584989?utm_source=webapp" opinion_id="1584989">641 So.2d 179 (Fla. 5th DCA 1994). We do not disturb the judgment and sentence for possession of cocaine.
AFFIRMED in part, REVERSED and REMANDED in part, with directions.