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STATE v. McCLELLAN

No. 1D99-3051.

765 So.2d 807 (2000)

STATE of Florida, Appellant/Cross-Appellee, v. Diane McCLELLAN, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

August 7, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General; James W. Rogers, Chief— Criminal Appeals, Office of the Attorney General, Tallahassee, for Appellant/Cross-Appellee.

Thomas F. Nordlie, Esquire, of Charles Daniel Sikes, P.A., Starke, for Appellee/Cross-Appellant.

PER CURIAM.

The State appeals the trial court's order dismissing Count I of the information charging Diane McClellan with violation of § 893.13(1)(e), Florida Statutes (1997) (sale of a controlled substance within 1,000 feet of a physical place of worship) on the grounds that the statute is unconstitutional on due process and equal protection grounds. The Second and Fifth Districts recently addressed this issue and found the statute constitutional on these grounds...

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