Carter v. State

Supreme Court of Florida

Carter v. State

382 So. 2d 302, 1980 Fla. LEXIS 4164

CourtSupreme Court of Florida

DecidedMarch 13, 1980

DocketNo. 56775

StatusPublished

This text of 382 So. 2d 302 (Carter v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. State, 382 So. 2d 302, 1980 Fla. LEXIS 4164 (Fla. 1980).

Pincite

Opinion

PER CURIAM.

The appellant pled no contest to the charge of possession of marijuana, specifically reserving his right to appeal the trial court’s denial of his motion to dismiss. The trial court’s finding that section 893.-03(l)(c)3, Florida Statutes (1978 Supp.), is constitutional is consistent with this Court’s ruling in State v. Cheatham, 376 So.2d 1167 (Fla.1979). We hold that this constitutional issue is frivolous and transfer this case to [303]*303the seventeenth judicial circuit for resolution of the remaining issue on appeal.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur. ADKINS, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant pled no contest to the charge of possession of marijuana, specifically reserving his right to appeal the trial court’s denial of his motion to dismiss. The trial court’s finding that section 893.-03(l)(c)3, Florida Statutes (1978 Supp.), is constitutional is consistent with this Court’s ruling in State v. Cheatham, 376 So.2d 1167 (Fla.1979). We hold that this constitutional issue is frivolous and transfer this case to [303]*303the seventeenth judicial circuit for resolution of the remaining issue on appeal.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur. ADKINS, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

382 So. 2d 302, 1980 Fla. LEXIS 4164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-fla-1980.

Opinion

Related

Cite This Page — Counsel Stack