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557 So. 2d 865

557 So.2d 865

15 Fla.L.WeeklySupp. 150

Morrow v. State

Supreme Court of Florida

Decided March 15, 1990

Supreme Court of Florida · decided 1990-03-15

Cited by 45 later decisions — most recently August 2007 · most notably 580 So. 2d 315 - Bernal v. Lipp (1991), 692 So. 2d 164 - Springtree Properties, Inc. v. Hammond (1997)

1 district · 44 state decisions

Relies on 558 So. 2d 1 - Burch v. State · 547 So. 2d 1236 - Morrow v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-15

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PER CURIAM.

¶1We have for review Morrow v. State, 547 So.2d 1236 (Fla. 5th DCA 1989), in which the district court certified the following question to be of great public importance:

IS SECTION 893.13(1)(e),[1] FLORIDA STATUTES (1987) CONSTITUTIONAL?

¶2Id. at 1237. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3In Burch v. State, 558 So.2d 1 (Fla.1990), we answered the certified question affirmatively. Therefore, we approve the decision below.2

¶4It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.

¶5. Section 893.13(l)(e), Florida Statutes (1987), provides:

(e) Except as authorized by this chapter, it is unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school. Any person who violates this paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(l)(c), (2)(c), (3), or (4) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

¶6. We decline to address the other issue sought to be raised here which was not discussed in the district court opinion.

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