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.