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STATE v. BURCH

Nos. 88-0904, 88-0930.

545 So.2d 279 (1989)

STATE of Florida, Appellant, v. Stacy BURCH, Appellee. STATE of Florida, Appellant, v. Kenny Mike BROWN, Appellee.

District Court of Appeal of Florida, Fourth District.

February 8, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellees.

LETTS, Judge.

We are concerned here with two defendants, one charged with selling, and the other with purchasing, cocaine within one thousand feet of a school, contrary to section 893.13(1)(e) Florida Statutes (1987). The trial judge granted a motion to dismiss declaring the legislation to be unconstitutional because "the statute ... as written is vague and overbroad and the application of the statute is an abuse of police power which fails to follow the legislative...

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