Smith v. State

Full title: KENNETH AVERY SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 28, 1989

554 So. 2d 29 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-201.

December 28, 1989.

Appeal from the Circuit Court for Marion County; John E. Futch, Acting Circuit Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

The judgment appealed is affirmed. We certify, as we did in Morrow v. State, 547 So.2d 1236 (Fla. 5th DCA 1989), the following question to be of great public importance:

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

AFFIRMED.

DANIEL, C.J., and COWART, JJ., concur.