R.W. v. State

DANAHY, Judge.

The appellant was charged with violating section 893.13(l)(i), Fla.Stat. (1991), possession of cannabis with intent to sell, purchase, manufacture or deliver within 200 feet of a public housing facility. The incident took place on March 5, 1992. The appellant was adjudicated guilty and timely appeals, arguing that the case against him no longer is viable because the Florida Supreme Court has declared unconstitutional that part of the statute under which the appellant was adjudicated guilty. See Brown v. State, 629 So.2d 841 (Fla.1994).

The appellant is correct and we must vacate…