DAVID CAPERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-12-26
No. 89-741
Before HUBBART, BASKIN and COPE, JJ.
557 So. 2d 62 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the defendant David Capers from a judgment of conviction and sentence for unlawful sale of cocaine within 1,000 feet of school property, § 893.13(1)(e), Fla.Stat. (1987), which were entered below based on a nolo contendere plea. The defendant’s sole point on appeal is that the statute under which he was convicted is unconstitutional on its face for a variety of reasons. We reject this point and affirm based on the authority of State v. Burch, 545 So. 2d 279 (Fla. 4th DCA), rev. granted, No. 73,826 (Fla. June 5, 1989) (argued Sept. 7, 1989). See Bentley v. State, 555 So. 2d 405 (Fla. 3d DCA 1989).

Affirmed.


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  • McCALLISTER v. State, 557 So. 2d 62 (Fla. 3d DCA 1990)
    …PER CURIAM. Harry McCallister appeals his conviction and sentence for sale of cocaine within 1,000 feet of school property in violation of section 893.13(1)(e), Florida Statutes (1987). We affirm. Capers v. State, 557 So. 2d 62 (Fla. 3d DCA 1989); Bentley v. State, 555 So. 2d 405 (Fla. 3d DCA 1989); Austin v. State, 549 So. 2d 1153 (Fla. 3d DCA 1989); Keegan v. State, 553 So. 2d 797 (Fla. 5th DCA 1989), review granted, No. 75,367 (Fla. Jan. 18, 1990); Clark v. State, 551 S…

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