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CAPERS v. STATE

No. 89-741.

557 So.2d 62 (1989)

David CAPERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

This is an appeal by the defendant David Capers from a judgment of conviction and sentence for unlawful sale of cocaine within 1,000 feet of school property, § 893.13(1)(e), Fla. Stat. (1987), which were entered below based on a nolo contendere plea. The defendant's sole point on appeal is that the statute under which he was convicted is unconstitutional on its face for a variety of reasons. We reject this point and affirm based on the authority of...

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