Clark v. State

Full title: BRIAN T. CLARK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 1, 1989

551 So. 2d 585 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-00138.

November 1, 1989.

Appeal from the Circuit Court for Polk County; J. Tim Strickland, Judge.

James Marion Moorman, Public Defender, Bartow, and Andrea Steffan, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Affirmed. See Bennett v. State, 546 So.2d 1192 (Fla.2d DCA 1989) (Campbell, C.J., specially concurring); Blankenship v. State, 545 So.2d 908 (Fla.2d DCA 1989) (Hall, J., concurring in part, dissenting in part); State v. Burch, 545 So.2d 279 (Fla.4th DCA 1989).

As in Bennett and Blankenship, we determine the issue of whether chapter 87-243, Laws of Florida, violates Article III, Section 6 of the Florida Constitution to be of great public importance and certify the following question to the supreme court:

DOES SECTION 893.13(1)(e), FLORIDA STATUTES (1987) VIOLATE THE ONE SUBJECT REQUIREMENT OF ARTICLE III, SECTION 6 OF THE FLORIDA CONSTITUTION?

CAMPBELL, C.J., and RYDER and PATTERSON, JJ., concur.