Mitchell v. State

776 So. 2d 1114, 2001 Fla. App. LEXIS 1212, 2001 WL 108749
District Court of Appeal of Florida·Decided February 9, 2001·No. No. 5D00-1509·Published·Cited by 1 cases

Opinion

THOMPSON, C.J.

Michael Darnell Mitchell appeals his sentence for violation of probation. He contends on appeal that section 893.13(1)(e), Florida Statutes (1997) is unconstitutionally vague, and violates the due process and equal protection provisions of the federal and state constitutions. We affirm based upon the authority of Rice v. State, 754 So.2d 881 (Fla. 5th DCA), rev. denied, No. SC00-1070, — So.2d - (Fla. Dec.19, 2000). In Rice, we held that section 893.13(1)(e) does not violate the state or federal constitution.

AFFIRMED.

PLEUS and ORFINGER, R.B., JJ., concur.

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Mitchell v. State, 776 So. 2d 1114, 2001 Fla. App. LEXIS 1212, 2001 WL 108749 (Fla. Ct. App. 2001).

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