Opinion
No. 89-196.
January 18, 1990.
Appeal from the Circuit Court for Marion County; John E. Futch, Acting Circuit Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm in this cause, but certify to the Florida Supreme Court, as a question of great public importance, the same question certified in Blankenship v. State, 545 So.2d 908 (Fla. 2d DCA 1989), and State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989):
IS SECTION 893.13, FLORIDA STATUTES (1987), CONSTITUTIONAL?
DANIEL, C.J., and COBB and SHARP, JJ., concur.