Ayala v. State

DOWNEY, Judge.

Appellant, Angel Ayala, and his code-fendant, Efrain Antosanti, were tried jointly and convicted for purchasing cocaine within 1,000 feet of a school (Count I), possession of cocaine (Count II), and resisting arrest with violence (Count III), and each appellant was sentenced to three and one-half years’ imprisonment on Counts I and III, to be served concurrently.

In his appellate presentation, appellant initially attacked the constitutionality of the so-called “School Yard” drug sale statute, but now concedes that that position is no longer tenable in view of Burch v. State, 558…