MICHAEL DARNELL MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2001-02-09
No. 5D00-1509
PLEUS and ORFINGER, R.B., JJ., concur.
776 So. 2d 1114 Florida District Court of Appeal, Fifth District (2001) Positive Treatment
Cited by 8 cases
Opinion of the Court
THOMPSON, C.J.

THOMPSON, C.J.

Michael Darnell Mitchell appeals his sentence for violation of probation. He contends on appeal that section 893.13(1)(e), Florida Statutes (1997) is unconstitutionally vague, and violates the due process and equal protection provisions of the federal and state constitutions. We affirm based upon the authority of Rice v. State, 754 So. 2d 881 (Fla. 5th DCA), rev. denied, No. SC00-1070, — So. 2d - (Fla. Dec.19, 2000). In Rice, we held that section 893.13(1)(e) does not violate the state or federal constitution.

AFFIRMED.

PLEUS and ORFINGER, R.B., JJ., concur.

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