SMITH v. STATE

No. 4D03-3026.

901 So.2d 1000 (2005)

Robert SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

We affirm Robert Smith's conviction for possession of cocaine and sentence of fifty-four months in prison. Smith challenges the facial constitutionality of section 893.101, Florida Statutes (2003), amended to eliminate knowledge of the illicit nature of the controlled substance as an element of any offense under Chapter 893 "Drug Abuse Prevention and Control" and make lack of such knowledge an affirmative defense. We hold that legislative amendment section...

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