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CILENTO v. STATE

No. 53214.

377 So.2d 663 (1979)

Rafael CILENTO, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

November 21, 1979.

Attorney(s) appearing for the Case

William P. Cagney, III, and G.P. Della Fera, Miami, for appellant.

Jim Smith, Atty. Gen., and Ronald A. Dion, Asst. Atty. Gen., Miami, for appellee.

OVERTON, Justice.

Rafael Cilento, a medical doctor licensed to practice in Florida, was convicted in circuit court pursuant to plea of nolo contendere of selling or delivering a controlled substance in violation of section 893.13(1)(a), Florida Statutes (1975). In a motion to transfer appellant challenged the circuit court's jurisdiction, contending that the information charged no more than a misdemeanor. By motion to dismiss he challenged the constitutionality of...

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