Opinion
No. 56776.
April 10, 1980.
Appeal from the County Court, Broward County, George A. Brescher, J.
Alan H. Schreiber, Public Defender, and Robert R. Wills, Asst. Public Defender, Fort Lauderdale, and Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, Appellate Division, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, for appellee.
The appellant pled no contest to the charge of possession of marijuana, specifically reserving his right to appeal the trial court's denial of his motion to dismiss. The trial court's finding that section 893.03(1)(c)3, Florida Statutes (1978 Supp.), is constitutional is consistent with this Court's ruling in State v. Cheatham, 376 So.2d 1167 (Fla. 1979). We therefore affirm the judgment of the trial court.
It is so ordered.
ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG, ALDERMAN and McDONALD, JJ., concur.