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STATE v. ROLAND

No. 90-2757.

577 So.2d 680 (1991)

STATE of Florida, Appellant, v. Mary ROLAND, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 30, 1991.

Attorney(s) appearing for the Case

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

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state charged Appellee/Defendant/Mary Roland (Roland) by information with violating section 893.13(1)(e), Florida Statutes, for having purchased cocaine within 1000 feet of the Morris Learning Center, a kindergarten/preschool. The court dismissed the information, stating that the "Morris Learning Facility is not a school within the meaning of the statute." The state appeals the trial court's dismissal of the information. We affirm.

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