STATE v. NEWMAN

No. 57919.

405 So.2d 971 (1981)

STATE of Florida, Appellant, v. Edward C. NEWMAN, Appellee.

Supreme Court of Florida.

November 5, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant.

Melvyn Kessler, Miami, for appellee.


ADKINS, Acting Chief Justice.

Defendant below, Edward C. Newman, (hereinafter defendant), was charged by information with the possession of cocaine in violation of section 893.135, Florida Statutes (1979). The trial court, upon motion by defendant, dismissed the information, ruling that section 893.135 is unconstitutional. Plaintiff, the state of Florida, now appeals the trial court's ruling. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. (1972).

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