State v. Smith, 562 So. 2d 451

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.

Case Details

Case Name: State v. Smith

Court Name: District Court of Appeal of Florida

Date Published: Jun 26, 1990

Citations: 562 So. 2d 451; 1990 WL 88110; 1990 Fla. App. LEXIS 4588; No. 90-72

Docket Number: No. 90-72

Court Abbreviation: Fla. Dist. Ct. App.