Legal Opinion

Mitchell v. State

District Court of Appeal of Florida

Decided February 9, 2001No. 5D00-1509PublishedCited by 1 opinion

1Opinion of the CourtThompson, C.J.

Michael Darnell Mitchell appeals his sentence for violation of probation. He contends on appeal that section 893.13(1)(e), Florida Statutes (1997) is unconstitutionally vague, and violates the due process and equal protection provisions of the federal and state constitutions. We affirm based upon the authority of Rice v. State, 754 So.2d 881 (Fla. 5th DCA), rev. denied, No. SC00-1070, — So.2d - (Fla. Dec.19, 2000). In Rice, we held that section 893.13(1)(e) does not violate the state or federal constitution.

AFFIRMED.

PLEUS and ORFINGER, R.B., JJ., concur.

2Cases cited1 opinion

  1. Rice v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Prevatt v. StateDistrict Court of Appeal of Florida · 2001