WILLIAMS v. SPEARS

No. 3D02-926.

814 So.2d 1167 (2002)

Marion WILLIAMS, Petitioner, v. Lois SPEARS, Director, Dade County Department of Corrections and The State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

April 17, 2002.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for respondents.

Before COPE, SHEVIN and SORONDO, JJ.


COPE, J.

The question presented is whether section 903.0471, Florida Statutes (2001) is constitutional. We conclude that it is, and deny the petition for writ of habeas corpus.

I.

In September 2001, defendant-petitioner Marion Williams was charged with possession of cocaine with the intent to sell it ("the first case"). The arrest affidavit indicates that police officers observed the defendant engaged in a hand-to-hand drug transaction. The arresting...

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