Legal Opinion · Concurrence

M.H. v. State

District Court of Appeal of Florida

Decided July 27, 1993No. 92-1449Published

1ConcurrenceFerguson, Judge

This appeal challenges the sentence enhancement part of a new anti-drug statute. The provision denies eligibility for parole and statutory gain-time to a person convicted of selling, purchasing or delivering certain controlled substances, regardless of the quantity, near or on the property of a “public housing facility.” 1 I would be dissenting in part if another panel of this court had not already decided the issue. In Williams v. State, 618 So.2d 323 (Fla. 3d DCA 1993), this court held constitutional section 893.13(l)(i), Florida Statutes (1991). In my opinion, acting Chief Judge Campbell’s…

2Cases cited6 opinions

  1. Britt v. North CarolinaSupreme Court of the United States · 1971
  2. Pinillos v. Cedars of Lebanon Hospital Corp.Supreme Court of Florida · 1981
  3. Lowder v. StateDistrict Court of Appeal of Florida · 1991
  4. Brown v. StateDistrict Court of Appeal of Florida · 1992
  5. State v. ThomasDistrict Court of Appeal of Florida · 1993

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