STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
DIANE MCCLELLAN, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
The State appeals the trial court’s order dismissing Count I of the information charging Diane McClellan with violation of § 893.13(l)(e), Florida Statutes (1997) (sale of a controlled substance within 1,000 feet of a physical place of worship) on the grounds that the statute is unconstitutional on due process and equal protection grounds. The Second and Fifth Districts recently addressed this issue and found the statute constitutional on these grounds. See Hobby v. State, 761 So. 2d 1234 (Fla. 2d DCA 2000); Rice v. State, 754 So. 2d 881, 884-85 (Fla. 5th DCA 2000). We agree with their analyses and reverse the trial court’s order. We remand with directions that the trial court reinstate the information.
Ms. McClellan cross-appeals the portion of the trial court’s order finding that the statute is not unconstitutionally vague. We affirm the trial court’s ruling in this regard. See Hobby v. State, 761 So. 2d 1234; Rice v. State, 754 So. 2d at 881 (Fla. 5th DCA 2000); Jean v. State, 764 So. 2d 605 (Fla. 4th DCA 1999); Easley v. State, 755 So. 2d 692 (Fla. 4th DCA 1999).
Affirmed in part, reversed in part, and remanded for further proceedings.
BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., Senior Judge, CONCUR.
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State v. Glover, 776 So. 2d 1129 (Fla. 1st DCA 2001)…ntrolled substance within 1,000 feet of a physical place of worship). Mr. Glover argues that the statute is unconstitutional on due process, equal protection and vagueness grounds. We have previously rejected these arguments. See State v. McClellan, 765 So. 2d 807 (Fla. 1st DCA 2000). Mr. Glover also argues that the statute violates both the federal and Florida Constitutions’ respective Establishment Clauses. We also reject this challenge to the statute. See Rice v. State, 754 So. 2d 881, 883-84 (Fla. 5th D…
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State v. Demps, 789 So. 2d 1242 (Fla. 1st DCA 2001)…process, equal protection, vagueness and establishment clause grounds, we reverse and remand with directions for the trial court to reinstate count one of the information. See State v. Glover, 776 So. 2d 1129 (Fla. 1st DCA 2001); State v. McClellan, 765 So. 2d 807 (Fla. 1st DCA 2000). REVERSED and REMANDED with directions. BARFIELD, WOLF and LEWIS, JJ., CONCUR.…
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Perkins v. State, 765 So. 2d 986 (Fla. 1st DCA 2000)…PER CURIAM. • AFFIRMED. See State v. McClellan, 765 So. 2d 807 (Fla. 1st DCA 2000). ERVIN, MINER and KAHN, JJ., CONCUR.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rice v. State, 754 So. 2d 881 (Fla. 5th DCA 2000)
- Monti v. State, 761 So. 2d 1234 (Fla. 5th DCA 2000)
- Walker v. Carrin L. Walker, 755 So. 2d 692 (Fla. 4th DCA 1999)
- JPG Enters., Inc. v. Hampson, 764 So. 2d 605 (Fla. 4th DCA 1999)
- Jean v. State, 764 So. 2d 605 (Fla. 4th DCA 1999)