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VAN ENS v. STATE

No. 5D09-1693.

48 So.3d 997 (2010)

Joshua VAN ENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 2010.

Attorney(s) appearing for the Case

Michael S. Herring of Michael S. Herring, P.A., Sanford, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellee.

MONACO, C.J.

The appellant, Joshua Van Ens, appeals the trial court's denial of his motion to dismiss a charge of trafficking in more than 28 grams of hydrocodone, in violation of section 893.135(6) and (7), Florida Statutes (2009). He asserts that the minimum mandatory sentencing scheme associated with this crime violates the equal protection clauses of the United States and Florida Constitutions as applied to him, a trafficker of Lorcet, a hydrocodone tablet. He...

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