STEPHEN LOUIS HOUSER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals from conviction of two counts of agreeing to sell a controlled substance 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 constitutionality of the statute, we recognize our decision directly conflicts with State v. Bussey, 444 So. 2d 63 (Fla. 4th DCA 1984).
We also reject defendant’s claim that the penalty provisions of the statute are unconstitutional.
AFFIRMED.
RYDER, C.J., and OTT and DANAHY, 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)…hat section 817.-563 is unconstitutional, and that this 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 hold…
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Brown v. State, 456 So. 2d 1335 (Fla. 5th DCA 1984)…Florida Statutes (1981), prohibiting the sale of a counterfeit substance in lieu of a controlled substance, is constitutional. Todd v. State, 455 So. 2d 1154 (Fla. 5th DCA 1984); State v. Bright, 451 So. 2d 880 (Fla. 5th DCA 1984); 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); [*1336] M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983); State v. Thomas, 428 So. 2d 327 (Fla. 1st DCA 1983), review denied,…
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Houser v. State, 477 So. 2d 548 (Fla. 1985)…BOYD, Chief Justice. This cause is before the Court on petition for review of a decision of the Second District Court of Appeal, Houser v. State, 453 So. 2d 484 (Fla.2d DCA 1984). The district court acknowledged conflict with a decision of another district court of appeal. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Petitioner was convicted of two counts of agreeing to sell a controlled substance…
Authorities Cited
- M.P. v. State, 430 So. 2d 523 (Fla. 2d DCA 1983)
- State v. Bussey, 444 So. 2d 63 (Fla. 4th DCA 1984)
- Sherman v. E.V. Smith Co. & Fla. Farm Bureau, 428 So. 2d 327 (Fla. 1st DCA 1983)
- State v. Harry V. Thomas/Hubert D. Williams, 428 So. 2d 327 (Fla. 1st DCA 1983)
- Agramonte v. Aviles, 435 So. 2d 370 (Fla. 4th DCA 1983)
- State v. Growden, 437 So. 2d 783 (Fla. 2d DCA 1983)