State v. Pitts

District Court of Appeal of Florida

State v. Pitts

574 So. 2d 316, 1991 Fla. App. LEXIS 1272, 1991 WL 18233

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1991

DocketNo. 88-2679

StatusPublished

This text of 574 So. 2d 316 (State v. Pitts) 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. Pitts, 574 So. 2d 316, 1991 Fla. App. LEXIS 1272, 1991 WL 18233 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

The state appeals the trial court’s order which dismissed a charge of purchasing cocaine within 1,000 feet of a schoolyard. The trial judge found section 893.13(l)(e), Florida Statues to be unconstitutional. This court stayed the appeal while the supreme court reviewed our decision in State v. Burch, 545 So.2d 279 (Fla. 4th DCA), aff'd., 558 So.2d 1 (Fla.1990).

We reverse and remand. The supreme court upheld the constitutionality of the statute and we find no merit as to the remaining issue. Further, we decline to address whether section 777.201, Florida Statutes (1987) removes the defense of objective entrapment for crimes committed after October 1, 1987, because we do not consider it to be an issue in this appeal.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

GLICKSTEIN, WARNER and GARRETT, JJ., concur.

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