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LINDSEY v. STATE

No. 83-2153.

453 So.2d 485 (1984)

Henry Lee LINDSEY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 1, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Chief Judge.

Lindsey appeals the judgment and sentence on three counts for the sale of phenobarbital, section 893.13(1)(a)(2), Florida Statutes (1981), and one count for the sale of substance in lieu of a controlled substance, section 817.563, Florida Statutes (1981).

The appellant has attacked section 817.563 as being unconstitutionally vague as a fraud statute and an improper exercise of police power. He...

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