Narrative Opinion Summary
The trial court's order dismissing a charge of purchasing cocaine within 1,000 feet of a schoolyard was appealed by the state. The trial judge deemed section 893.13(1)(e) of the Florida Statutes unconstitutional. The appellate court stayed the appeal pending the Florida Supreme Court's review of the related case, State v. Burch. The appellate court ultimately reversed the trial court's decision, as the Supreme Court upheld the constitutionality of the statute in question. The court found no merit in the remaining issues raised and chose not to address whether section 777.201 of the Florida Statutes eliminates the defense of objective entrapment for crimes after October 1, 1987. The case was reversed and remanded for further proceedings consistent with the appellate court's opinion, with Judges Glickstein, Warner, and Garrett concurring.
Legal Issues Addressed
Constitutionality of Florida Statutes Section 893.13(1)(e)subscribe to see similar legal issues
Application: The appellate court reversed the trial court's decision, finding that the statute prohibiting purchasing cocaine within 1,000 feet of a schoolyard is constitutional, following the Florida Supreme Court's decision in State v. Burch.
Reasoning: The appellate court ultimately reversed the trial court's decision, as the Supreme Court upheld the constitutionality of the statute in question.
Judicial Review and Appeal Processsubscribe to see similar legal issues
Application: The appellate court stayed the appeal pending the Florida Supreme Court's decision in a related case, demonstrating the procedural aspect of awaiting higher court rulings before making a decision.
Reasoning: The appellate court stayed the appeal pending the Florida Supreme Court's review of the related case, State v. Burch.
Meritless Issues in Appellate Reviewsubscribe to see similar legal issues
Application: The appellate court found no merit in the remaining issues brought up by the trial court and thus did not address them, focusing solely on the constitutional question.
Reasoning: The court found no merit in the remaining issues raised and chose not to address whether section 777.201 of the Florida Statutes eliminates the defense of objective entrapment for crimes after October 1, 1987.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: After reversing the trial court's decision, the appellate court remanded the case for further proceedings that align with its opinion, indicating the next procedural steps.
Reasoning: The case was reversed and remanded for further proceedings consistent with the appellate court's opinion.