STATE OF FLORIDA, APPELLANT,
v.
BRIAN DEMPS, APPELLEE
STATE OF FLORIDA, APPELLANT,
BRIAN DEMPS, APPELLEE
789 So. 2d 1242
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The state appeals the trial court’s dismissal of count one of the information charging Brian Demps with violating section 893.13(l)(e), Florida Statutes (1999). As this Court has previously rejected challenges 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nagel v. State, 763 So. 2d 319 (Fla. 2000)…PER CURIAM. We have for review Nagel v. State, 789 So. 2d 1242 (Fla. 4th DCA 1999), because it cited as controlling authority Goodwin v. State, 721 So. 2d 728 (Fla. 4th DCA 1998), approved in part, disapproved in part, 751 So. 2d 537 (Fla.1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v…
Authorities Cited
- 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)
- Roberts v. State, 776 So. 2d 1129 (Fla. 1st DCA 2001)
- State v. Glover, 776 So. 2d 1129 (Fla. 1st DCA 2001)