STATE v. ALLEN

No. 89-0875.

557 So.2d 960 (1990)

STATE of Florida, Appellant, v. Scott ALLEN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 14, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn Waxman, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.


PER CURIAM.

The state appeals the trial court's imposition of appellee's mitigated sentence. Appellee was charged with count I, purchase of cocaine at or near a school, in violation of section 893.13(1)(e), Florida Statutes (1987), and count II, possession of cocaine. Appellee motioned to dismiss the information, alleging the unconstitutionality of the statute and double jeopardy. Because review of this court's opinion upholding the constitutionality of the statute...

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