Summary
In Hoagland, the court simply gave a negative answer to the certified question, "Was the delivery and possession of phencyclidine lawfully prohibited by Sections 404.02(1) and 404.02(5), F.S. [F.S.A.], on September 25, October 1, and December 16, 1971?
Summary of this case from Hand v. StateOpinion
No. 42226.
January 31, 1973.
Certified question from Court of Record, Brevard County; Joe A. Cowart, Jr., Judge.
Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Jerry Bross, County Sol., Brevard County, for plaintiff.
Vocelle, Harris Rieders, Merritt Island, for Ralph Hoagland.
Joseph R. Moss, Asst. Public Defender, for Sandy Brown.
The District Court of Appeal, Fourth District, transferred to this Court a question of law certified to the District Court by the Court of Record for Brevard County. Rule 4.6, Florida Appellate Rules, 32 F.S.A., 1962 Revision.
The question, as stated by the Court of Record, is:
"Was the delivery and possession of phencyclidine lawfully prohibited by Sections 404.02(1) and 404.02(5), F.S. [F.S.A.], on September 25, October 1, and December 16, 1971?"
The question was considered fully by this Court and answered in the negative in Freimuth v. State, 272 So.2d 473, filed December 20, 1972. Accordingly, the question certified by the Court of Record for Brevard County is, and must be answered in the negative.
It is so ordered.
ROBERTS, Acting C.J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.