HARRY MCCALLISTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-02-13
No. 89-596
Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.
557 So. 2d 62 Florida District Court of Appeal, Third District (1990)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Harry McCallister appealed his conviction for cocaine sale within 1,000 feet of school property under Florida Statutes § 893.13(1)(e). The Third District Court of Appeal affirmed the conviction while certifying to the Florida Supreme Court a question regarding whether the statute's enactment violated the one-subject rule of the Florida Constitution.


Holding

The Third District Court of Appeal affirmed McCallister's conviction for sale of cocaine within 1,000 feet of school property, while certifying the constitutional question regarding the one-subject rule to the Florida Supreme Court for resolution.


Headnotes

[1] A conviction for sale of cocaine within 1,000 feet of school property is affirmed when supported by the evidence.

[2] The enactment of Chapter 87-243 is certified as a question of great public importance regarding its compliance with the one-subject rule of Article III, Section 6 of the…

Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Harry 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.”

Establishes the nature of the appeal and the court's decision to affirm the conviction.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Harry McCallister was convicted of sale of cocaine within 1,000 feet of school property in violation of section 893.13(1)(e), Florida Statutes (1987).…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Harry 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. 75,024 (Fla. Nov. 16, 1989); Speights v. State, 554 So. 2d 20 (Fla. 1st DCA 1989), review granted, No. 75,307 (Fla. Jan. 19, 1990); Smith v. State, 554 So. 2d 29 (Fla. 5th DCA 1989), review granted, No. 75,289 (Fla. Jan. 17, 1990); Smith v. State, 553 So. 2d 798 (Fla. 5th DCA 1989), review granted, No. 75,289 (Fla. Jan. 2, 1990); Reinertsen v. State, 553 So. 2d 799 (Fla. 5th DCA 1989), petition for review filed, No. 75,393 (Fla. Jan. 25,1990); Salerno v. State, 553 So. 2d 800 (Fla. 5th DCA 1989), review granted, No. 75,290 (Fla. Jan. 17, 1990); Raulerson v. State, 551 So. 2d 1266 (Fla. 1st DCA 1989), review granted, No. 75,165 (Fla. Dec. 11, 1989); Leonardi v. State, 548 So. 2d 811 (Fla. 5th DCA 1989), review granted, No. 74,725 (Fla. Sept. 11, 1989); Morrow v. State, 547 So. 2d 1236 (Fla. 5th DCA 1989), review granted, No. 74,582 (Fla. Aug. 22, 1989); State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989), review granted, No. 73,826 (Fla. Mar. 10, 1989); Blankenship v. State, 545 So. 2d 908 (Fla. 2d DCA 1989), review granted, No. 74,176 (Fla. May 15, 1989).

We certify the following question as one of great public importance:

DID THE ENACTMENT OF CHAPTER 87-243 VIOLATE THE ONE SUBJECT RULE OF ARTICLE III, SECTION 6, FLORIDA CONSTITUTION?

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited (20 total)

View all 20 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw