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BURCH v. STATE

No. 73826.

558 So.2d 1 (1990)

Stacy BURCH and Kenny Mike Brown, Petitioners, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied April 12, 1990.

Attorney(s) appearing for the Case

Richard Jorandby, Public Defender and Anthony Calvello and Louis G. Carres, Asst. Public Defenders, West Palm Beach, for petitioners.

Robert A. Butterworth, Atty. Gen., and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent.

GRIMES, Justice.

We review State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989), in which the court certified the following question as one of great public importance:

IS SECTION 893.13(1)(e), FLORIDA STATUTES (1987) CONSTITUTIONAL?

Id. at 287. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the question in the affirmative.

There are two petitioners in this case. One was charged...

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