STATE OF FLORIDA, APPELLANT,
v.
ARTHUR GLOVER, APPELLEE
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PER CURIAM.
The State appeals the trial court’s order dismissing Count I of the information charging Arthur Lee Glover with violation of § 893.13(l)(e), Florida Statutes (1999) (prohibiting sale of a controlled 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 DCA), rev. denied, No. SC00-1070, — So. 2d - (Fla. Dec.19, 2000); Easley v. State, 755 So. 2d 692, 693 (Fla. 4th DCA 1999), rev. denied, 751 So. 2d 1251 (Fla.2000). We reverse and remand with directions that the trial court reinstate Count I of the information.
BENTON, PADOVANO, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Demps, 789 So. 2d 1242 (Fla. 1st DCA 2001)…allenges on the statute’s constitutionality based on due 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.…
Authorities Cited
- Rice v. State, 754 So. 2d 881 (Fla. 5th DCA 2000)
- Walker v. Carrin L. Walker, 755 So. 2d 692 (Fla. 4th DCA 1999)
- Santa Rosa Med. Ctr. v. Agency for Health Care Admin., 765 So. 2d 807 (Fla. 1st DCA 2000)
- State v. McCLELLAN, 765 So. 2d 807 (Fla. 1st DCA 2000)