Soltesz v. State

District Court of Appeal of Florida

Soltesz v. State

394 So. 2d 1078, 1981 Fla. App. LEXIS 19592

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1981

DocketNo. TT-345

StatusPublished

This text of 394 So. 2d 1078 (Soltesz v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Soltesz v. State, 394 So. 2d 1078, 1981 Fla. App. LEXIS 19592 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Appellant’s attack on the constitutionality of Section 893.135, Florida Statutes (1979), the so-called “drug-trafficking” law on Fifth Amendment grounds raises issues already decided adversely to his position by this court in Stehling v. State, 391 So.2d 287 (Fla. 1st DCA 1980). The decision of the Florida Supreme Court in State v. Benitez, 395 So.2d 514 (Fla. 1981), holding the statute (specifically subsections (1) and (3)) constitutional, disposes of the Fifth Amendment argument as well as all other contentions made by appellant concerning the validity of these enactments.

Appellant’s second point on appeal (validity of search warrant issued pursuant to affidavit based on officers detection of the odor of marijuana) is affirmed on authority of Mahla v. State, 383 So.2d 730 (Fla. 1st DCA 1980), and State v. Farrugia, 393 So.2d 614 (Fla. 1st DCA 1981).

AFFIRMED.

ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur.

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PER CURIAM.

Appellant’s attack on the constitutionality of Section 893.135, Florida Statutes (1979), the so-called “drug-trafficking” law on Fifth Amendment grounds raises issues already decided adversely to his position by this court in Stehling v. State, 391 So.2d 287 (Fla. 1st DCA 1980). The decision of the Florida Supreme Court in State v. Benitez, 395 So.2d 514 (Fla. 1981), holding the statute (specifically subsections (1) and (3)) constitutional, disposes of the Fifth Amendment argument as well as all other contentions made by appellant concerning the validity of these enactments.

Appellant’s second point on appeal (validity of search warrant issued pursuant to affidavit based on officers detection of the odor of marijuana) is affirmed on authority of Mahla v. State, 383 So.2d 730 (Fla. 1st DCA 1980), and State v. Farrugia, 393 So.2d 614 (Fla. 1st DCA 1981).

AFFIRMED.

ERVIN, LARRY G. SMITH and SHIVERS, JJ., concur.

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394 So. 2d 1078, 1981 Fla. App. LEXIS 19592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soltesz-v-state-fladistctapp-1981.

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