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JOHNSON v. STATE

No. 1D09-1711.

37 So.3d 975 (2010)

Michael Clemente JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 22, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

CLARK, J.

The appellant was convicted of sale or delivery of cocaine, as proscribed by section 893.13(1)(a)(1), Florida Statutes. In this appeal he challenges the constitutionality of that statute, in that it makes the offense a felony without requiring that guilty knowledge be an element of the crime. Relying on language in Staples v. United States, 511 U.S. 600, 114 S.Ct. 1793, 128 L.Ed.2d 608 (1994), and Chicone v. State...

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