State v. Maske

RYDER, Judge.

The state appeals from the granting of the appellees’ motions to dismiss. We reverse and remand with instructions.

In April 1982, the appellees were charged by information with agreeing, consenting or offering to unlawfully sell a controlled substance (methaqualone), and then selling another substance in lieu of the controlled substance in violation of section 817.563(1), Florida Statutes (1981). Subsequently, the appellees filed motions to dismiss the information asserting that the statute was unconstitutional on its face and in application. The trial judge granted the motions to…