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HOBBY v. STATE

No. 2D99-2385.

761 So.2d 1234 (2000)

Kevin Eugene HOBBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 12, 2000.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

BENTLEY, E. RANDOLPH, Associate (Senior) Judge.

Kevin Hobby was convicted of possessing and selling drugs within 1,000 feet of a church. He challenges the sentence imposed upon him under section 893.13(1)(e), Florida Statutes (1997), which enhances penalties for drug crimes committed in proximity to places of worship. He argues that the statute is unconstitutionally vague, that it violates his constitutional rights to due process and equal protection of the law, that...

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