Brown v. State
| Decision Date | 11 October 1984 |
| Docket Number | No. 84-346,84-346 |
| Citation | 456 So.2d 1335 |
| Parties | Bobby BROWN, a/k/a Marvin, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.
Section 817.563, Florida Statutes (1981), prohibiting the sale of a counterfeit substance in lieu of a controlled substance, is constitutional. Todd v. State, 455 So.2d 1154 (Fla. 5th DCA 1984); State v. Bright, 451 So.2d 880 (Fla. 5th DCA 1984); Houser v. State, 453 So.2d 484 (Fla. 2d DCA 1984); State v. Growden, 437 So.2d 783 (Fla. 2d DCA 1983); State v. King, 435 So.2d 370 (Fla. 2d DCA 1983); M.P. v. State, 430 So.2d 523 (Fla. 2d DCA 1983); State v. Thomas, 428 So.2d 327 (Fla. 1st DCA 1983), review denied, 436 So.2d 101 (Fla.1983). This decision directly conflicts with State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984).
AFFIRMED.
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Brown v. State
...Atty. Gen., Daytona Beach, for respondent. PER CURIAM. This case is before us on petition for review of the decision in Brown v. State, 456 So.2d 1335 (Fla. 5th DCA 1984). The issue presented has been fully considered and is controlled by our decision in State v. Bussey, 463 So.2d 1141 (Fla......