STATE OF FLORIDA, APPELLANT,
v.
TERESA R. GROWDEN A/K/A CHERYL LYNN POWELL, APPELLEE
STATE OF FLORIDA, APPELLANT,
TERESA R. GROWDEN A/K/A CHERYL LYNN POWELL, APPELLEE
437 So. 2d 783
Florida District Court of Appeal, Second District (1983)
Negative Treatment
Cited by 10 cases
Opinion of the Court
[*784] PER CURIAM.
The state has appealed from an order granting the appellee’s motion to dismiss an information on the ground that section 817.-563, Florida Statutes (1981), is unconstitutional. We reverse on the authority of our recent decision in M.P. v. State, 430 So. 2d 523 (Fla.2d DCA 1983), wherein we held that section 817.563 is constitutional. See also State v. King, 435 So. 2d 370 (Fla.2d DCA 1983).
REVERSED.
HOBSON, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lindsey v. State, 453 So. 2d 485 (Fla. 2d DCA 1984)…is court should follow suit. In M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983), this court considered this same issue and held that section 817.563 was constitutional. See also Houser v. State, 453 So. 2d 484 (Fla. 2d DCA 1984); State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983); State v. King, 435 So. 2d 370 (Fla. 2d DCA 1983); and State v. Thomas, 428 So. 2d 327 (Fla. 1st DCA 1983). Despite the view of our sister court in Bussey, we adhere to our holding in M.P. and reaffirm the constitutionality of the…
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Houser v. State, 453 So. 2d 484 (Fla. 2d DCA 1984)…ce and then selling another substance in lieu of such controlled substance, contrary to section 817.563, Florida Statutes (1983). We reject defendant’s contention that the substantive portions of the statute are unconstitutional. State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983); State v. King, 435 So. 2d 370 (Fla. 2d DCA 1983); M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983); State v. Thomas, 428 So. 2d 327 (Fla. 1st DCA), petition for review denied, 436 So. 2d 101 (Fla.1983). In upholding the constitut…
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State v. Maske, 446 So. 2d 1091 (Fla. 2d DCA 1984)…teachings contained in the appellate decision of State v. Thomas, 428 So. 2d 327 (Fla. 1st DCA), petition for review denied, 436 So. 2d 101 (Fla.1983), nor the decision in M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983). See also State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983), and State v. King, 435 So. 2d 370 (Fla. 2d DCA 1983). These cases uphold the constitutionality of section 817.-563, Florida Statutes (1981). Therefore, the motions to dismiss were improperly granted. REVERSED and REMANDED with…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983)
- Agramonte v. Aviles, 435 So. 2d 370 (Fla. 4th DCA 1983)