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Stephenson v. State

District Court of Appeal of Florida, Fourth District
Nov 22, 1989
557 So. 2d 587 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2339.

September 27, 1989. On Motion for Rehearing November 22, 1989.

Appeal from the Circuit Court for Broward County; Arthur J. Franza, Judge.

Richard L. Jorandby, Public Defender, and Phyllis Malinski, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles M. Fahlbusch, Asst. Atty. Gen., Miami, for appellee.


AFFIRMED.

DOWNEY, LETTS and POLEN, JJ., concur.


ON MOTION FOR REHEARING


Appellant's motion for rehearing is granted. However, we affirm the judgment and sentences imposed in all respects and reject all of appellant's points on appeal, including his challenge to the constitutionality of section 893.13(1)(e), Florida Statutes (1987). State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989).

The mandate of this court is stayed pending disposition of Burch v. State, 558 So.2d 1 (Fla. 1990), by the Supreme Court of Florida.

DOWNEY, LETTS and POLEN, JJ., concur.


Summaries of

Stephenson v. State

District Court of Appeal of Florida, Fourth District
Nov 22, 1989
557 So. 2d 587 (Fla. Dist. Ct. App. 1989)
Case details for

Stephenson v. State

Case Details

Full title:BARRY STEPHENSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 22, 1989

Citations

557 So. 2d 587 (Fla. Dist. Ct. App. 1989)