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FOSTER v. STATE

No. 4D05-531.

937 So.2d 742 (2006)

Femesha FOSTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 1, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

Foster was convicted under section 859.01, Florida Statutes, of poisoning food or water. She contends that the undefined term "poison" is vague and that the statute is, therefore, unconstitutional on its face and as applied.

The amended information tracks the 2000 version of section 859.01. The statute provides:

Whoever mingles any poison with food, drink...

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