BOBBY BROWN, A/K/A MARVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1984-10-11
No. 84-346
FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.
456 So. 2d 1335 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Section 817.563, 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); 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, 436 So. 2d 101 (Fla.1983). This decision directly conflicts with State v. Bussey, 444 So. 2d 63 (Fla. 4th DCA 1984).

AFFIRMED.

FRANK D. UPCHURCH, Jr., SHARP and COWART, JJ., concur.


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  • Brown v. State, 478 So. 2d 46 (Fla. 1985)
    …PER CURIAM. This case is before us on petition for review of the decision in Brown v. State, 456 So. 2d 1335 (Fla. 5th DCA 1984). The issue presented has been fully considered and is controlled by our decision in State v. Bussey, 463 So. 2d 1141 (Fla.1985). The decision of the district court of appeal is approved. It is so ordered. BOYD, C.J., and OVER…

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