From Casetext: Smarter Legal Research

State v. McClellan

District Court of Appeal of Florida, First District
Aug 7, 2000
765 So. 2d 807 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D99-3051

Opinion filed August 7, 2000.

An appeal from the Circuit Court for Bradford Count, Larry Gibbs Turner, Judge.

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General; James W. Rogers, Chief — Criminal Appeals, Office of the Attorney General, Tallahassee, for Appellant/Cross-Appellee.

Thomas F. Nordlie, Esquire, of Charles Daniel Sikes, P.A., Starke, for Appellee/Cross-Appellant.


The State appeals the trial court's order dismissing Count I of the information charging Diane McClellan with violation of § 893.13(1)(e), Florida Statutes (1997) (sale of a controlled substance within 1,000 feet of a physical place of worship) on the grounds that the statute is unconstitutional on due process and equal protection grounds. The Second and Fifth Districts recently addressed this issue and found the statute constitutional on these grounds. See Hobby v. State, 2000 WL 955615 at *2 (Fla. 2d DCA July 12, 2000); Rice v. State, 754 So.2d 881, 884-85 (Fla. 5th DCA 2000). We agree with their analyses and reverse the trial court's order. We remand with directions that the trial court reinstate the information.

Ms. McClellan cross-appeals the portion of the trial court's order finding that the statute is not unconstitutionally vague. We affirm the trial court's ruling in this regard. See Hobby v. State, 2000 WL 955615 at *1; Rice v. State, 754 So.2d at 881 (Fla. 5th DCA 2000); Jean v. State, 24 Fla. L. Weekly D1392 (Fla. 4th DCA June 16, 1999); Easley v. State, 755 So.2d 692 (Fla. 4th DCA 1999).

Affirmed in part, reversed in part, and remanded for further proceedings.

BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., SENIOR JUDGE, CONCUR.


Summaries of

State v. McClellan

District Court of Appeal of Florida, First District
Aug 7, 2000
765 So. 2d 807 (Fla. Dist. Ct. App. 2000)
Case details for

State v. McClellan

Case Details

Full title:STATE OF FLORIDA, Appellant/Cross-Appellee, v. DIANE McCLELLAN…

Court:District Court of Appeal of Florida, First District

Date published: Aug 7, 2000

Citations

765 So. 2d 807 (Fla. Dist. Ct. App. 2000)

Citing Cases

State v. Glover

We have previously rejected these arguments. See State v. McClellan, 765 So.2d 807 (Fla. 1st DCA 2000). Mr.…

State v. Demps

As this Court has previously rejected challenges on the statute's constitutionality based on due process,…