State v. Allen

The state appeals the trial court’s imposition of appellee’s mitigated sentence. Ap-pellee was charged with count I, purchase of cocaine at or near a school, in violation of section 893.13(l)(e), Florida Statutes (1987), and count II, possession of cocaine. Appellee motioned to dismiss the information, alleging the unconstitutionality of the statute and double jeopardy. Because review of this court’s opinion upholding the constitutionality of the statute was pending before the supreme court, appellee pled no contest to count I. Count II was dismissed on double jeopardy grounds. However, if…