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551 So. 2d 1266

551 So.2d 1266

14 Fla.L.Weekly 2593

Raulerson v. State

District Court of Appeal of Florida

Decided November 9, 1989

District Court of Appeal of Florida · decided 1989-11-09

Cited by 1 later decisions — most recently February 1990

1 state decisions

Relies on 545 So. 2d 279 - State v. Burch · 545 So. 2d 908 - Blankenship v. State · 547 So. 2d 1038 - Dame v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-09

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JOANOS, Judge.

¶1Appellants have appealed their convictions of purchase or possession of cocaine with intent to sell, contrary to Section 893.-13(l)(a), Florida Statutes (1987). We affirm.

¶2All appellants entered pleas of nolo con-tendere, reserving the right to appeal the trial court’s denial of their motions to dismiss the charges against them. These motions alleged that Chapter 87-243, Laws of Florida, the legislation enacting Section 893.13, was unconstitutional as violative of the “one-subject rule” of Article III, Section 6 of the Florida Constitution.

¶3Both the second and fourth district courts of appeal have considered this question and have determined that Chapter 87-243, Laws of Florida, did not violate the one-subject rule of the Florida Constitution, and thus Section 893.13 is constitutional. State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989); Blankenship v. State, 545 So.2d 908 (Fla. 2d DCA 1989). This court followed Burchand Blankenshipin Dame v. State, 547 So.2d 1038 (Fla. 1st DCA 1989), affirming the denial of Dame’s motion to dismiss on the ground that the statute is constitutional. Accordingly, we affirm the trial court’s denial of the motions to dismiss herein. We certify the following question to the supreme court:

DOES SECTION 893.13, FLORIDA STATUTES (1987), VIOLATE THE ONE-SUBJECT RULE OF THE FLORIDA CONSTITUTION?

¶4Affirmed.

BOOTH and BARFIELD, JJ., concur.
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