ROBERT BENTLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-12-12
No. 89-640
Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.
555 So. 2d 405 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The sole point on appeal asserts the unconstitutionality of section 893.13(l)(e), Florida Statutes (1987), which proscribes the sale of a controlled substance within 1,000 feet of school property. Following State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989), review granted (Fla. Case no. 73,826; argued, Sept. 7, 1989), and our previous decision in Austin v. State, 549 So. 2d 1153 (Fla. 3d DCA 1989), we reject this contention and affirm the judgment below.


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Citator

Cited By

  • Burch v. State, 558 So. 2d 1 (Fla. 1990)
    …that in addition to the court below, the four other district courts of appeal have addressed the validity of chapter 87-243, and each of them has held that the act does not violate the single-subject provision of our constitution. Bentley v. State, 555 So. 2d 405 (Fla.3d DCA 1989); Leonardo v. State, 548 So. 2d 811 (Fla.5th DCA 1989); Dame v. State, 547 So. 2d 1038 (Fla.1st DCA 1989); Blankenship v. State, 545 So. 2d 908 (Fla.2d DCA 1989). In State v. Kinner, 398 So. 2d 1360, 1363 (Fla.1981), this Court sta…
  • Capers v. State, 557 So. 2d 62 (Fla. 3d DCA 1989)
    …nconstitutional on its face for a variety of reasons. We reject this point and affirm based on the authority of State v. Burch, 545 So. 2d 279 (Fla. 4th DCA), rev. granted, No. 73,826 (Fla. June 5, 1989) (argued Sept. 7, 1989). See Bentley v. State, 555 So. 2d 405 (Fla. 3d DCA 1989). Affirmed.…
  • McCALLISTER v. State, 557 So. 2d 62 (Fla. 3d DCA 1990)
    …y McCallister appeals his conviction and sentence for sale of cocaine within 1,000 feet of school property in violation of section 893.13(1)(e), Florida Statutes (1987). We affirm. Capers v. State, 557 So. 2d 62 (Fla. 3d DCA 1989); Bentley v. State, 555 So. 2d 405 (Fla. 3d DCA 1989); Austin v. State, 549 So. 2d 1153 (Fla. 3d DCA 1989); Keegan v. State, 553 So. 2d 797 (Fla. 5th DCA 1989), review granted, No. 75,367 (Fla. Jan. 18, 1990); Clark v. State, 551 So. 2d 585 (Fla. 2d DCA 1989), review granted, No. 75,…

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