In the Interest of N.H.

District Court of Appeal of Florida

In the Interest of N.H.

582 So. 2d 182, 1991 Fla. App. LEXIS 7518, 1991 WL 134070

District Court of Appeal of Florida·Decided July 24, 1991·No. No. 90-3207·Published

Opinion

PER CURIAM.

We reverse on the authority of State v. Roland, 577 So.2d 680 (Fla. 4th DCA 1991). [183]*183In Roland, we held that section 893.-13(l)(e), Florida Statutes does not apply to kindergartens or preschools. Since appellant was arrested and charged with violation of section 893.13(l)(e) by delivering cocaine within 1,000 feet of a kindergarten/preschool, the trial court erred in denying appellant’s motion for judgment of acquittal. Upon remand, the trial court is directed to vacate the judgment of conviction, dismiss the petition and discharge appellant on the charged violation of section 893.13(l)(e).

REVERSED AND REMANDED.

DELL, GUNTHER and POLEN, JJ., concur.

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PER CURIAM.

We reverse on the authority of State v. Roland, 577 So.2d 680 (Fla. 4th DCA 1991). [183]*183In Roland, we held that section 893.-13(l)(e), Florida Statutes does not apply to kindergartens or preschools. Since appellant was arrested and charged with violation of section 893.13(l)(e) by delivering cocaine within 1,000 feet of a kindergarten/preschool, the trial court erred in denying appellant’s motion for judgment of acquittal. Upon remand, the trial court is directed to vacate the judgment of conviction, dismiss the petition and discharge appellant on the charged violation of section 893.13(l)(e).

REVERSED AND REMANDED.

DELL, GUNTHER and POLEN, JJ., concur.

In the Interest of N.H., 582 So. 2d 182, 1991 Fla. App. LEXIS 7518, 1991 WL 134070 (Fla. Ct. App. 1991).

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