State v. Bragg

District Court of Appeal of Florida

State v. Bragg

516 So. 2d 78, 12 Fla. L. Weekly 2740, 1987 Fla. App. LEXIS 11285, 1987 WL 2035

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 1987

DocketNo. 87-738

StatusPublished

This text of 516 So. 2d 78 (State v. Bragg) 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.

Bluebook

State v. Bragg, 516 So. 2d 78, 12 Fla. L. Weekly 2740, 1987 Fla. App. LEXIS 11285, 1987 WL 2035 (Fla. Ct. App. 1987).

Pincite

Opinion

COBB, Judge.

The state appeals the trial court’s dismissal of a count in an information charging appellee Edward Joseph Bragg with delivery of cannabis to a minor. The issue in this appeal is whether Bragg, age 18 years and 3 months at the time of the offense, could have violated section 893.13(l)(c), Florida Statutes (1985), which provides:

Except as authorized by this chapter, it is unlawful for any person over the age of 18 years to deliver any controlled substance to a person under the age of 18 years.

The trial court interpreted this proviso to exclude persons who had not reached their 19th birthday. A common sense reading of the proviso shows that the legislature intended the dividing line to be the 18th birthday. Accordingly, we reverse.

REVERSED.

ORFINGER and SHARP, JJ., concur.

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