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516 So. 2d 78

516 So.2d 78

12 Fla.L.Weekly 2740

State v. Bragg

District Court of Appeal of Florida

Decided December 3, 1987

District Court of Appeal of Florida · decided 1987-12-03

Decided 1987-12-03

COBB, Judge.

¶1The state appeals the trial court’s dismissal of a count in an information charging appellee Edward Joseph Bragg with delivery of cannabis to a minor. The issue in this appeal is whether Bragg, age 18 years and 3 months at the time of the offense, could have violated section 893.13(l)(c), Florida Statutes (1985), which provides:

Except as authorized by this chapter, it is unlawful for any person over the age of 18 years to deliver any controlled substance to a person under the age of 18 years.

¶2The trial court interpreted this proviso to exclude persons who had not reached their 19th birthday. A common sense reading of the proviso shows that the legislature intended the dividing line to be the 18th birthday. Accordingly, we reverse.

¶3REVERSED.

ORFINGER and SHARP, JJ., concur.
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