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BROWN v. STATE

Nos. 81189, 81724 and 81725.

629 So.2d 841 (1994)

James BROWN, Petitioner, v. STATE of Florida, Respondent. State of Florida, Appellant, v. Melburn Ben THOMAS, et al., Appellees. STATE of Florida, Appellant, v. Reginald Eugene KIRKLAND, Appellee.

Supreme Court of Florida.

January 6, 1994.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Chief, Appellate Div., Second Judicial Circuit, Tallahassee, and James Marion Moorman, Public Defender, Stephen Krosschell and Deborah K. Brueckheimer, Asst. Public Defenders, Tenth Judicial Circuit, Bartow, for petitioner/appellees.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief, Criminal Appeals, Asst. Atty. Gen. and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for respondent/appellant.

HARDING, Justice.

We have consolidated for our review three cases in which district courts of appeal considered the constitutionality of section 893.13(1)(i), Florida Statutes (Supp. 1990). See State v. Kirkland, 618 So.2d 230 (Fla. 2d DCA 1993); State v. Thomas, 616 So.2d 1198 (Fla. 2d DCA 1993); Brown v. State, 610 So.2d 1356 (Fla. 1st DCA 1992). Section 893.13(1)(i) imposes...

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