Coley v. State

Appellant timely seeks review of his judgment of conviction for both purchase and possession of cocaine within 1000 feet of a school in violation of the “schoolyard” statute, section 893.13, Florida Statutes. We affirm in part and reverse and remand in part.

We find no merit in appellant’s initial two-point constitutional challenge as the constitutionality of the “schoolyard” statute was upheld in Burch v. State, 558 So.2d 1 (Fla.1990). Nor do we find merit in appellant’s contention of error in denial of his requested jury instruction.

We do however, find reversible error in the trial court’s…