REINERTSEN v. STATE, 553 So.2d 799 (Fla.App. 5 Dist. 1989)

RAYMOND REINERTSEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 89-437.District Court of Appeal of Florida, Fifth District.
December 21, 1989.

Appeal from the Circuit Court for Marion County; Victor J. Musleh, Judge.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Page 800

Robert A. Butterworth, Atty. Gen., Tallahassee, and Fleming Lee, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

The judgment appealed is affirmed. We certify, as we did i Morrow v. State, 547 So.2d 1236 (Fla. 5th DCA 1989) jurisdiction accepted, Case No. 74,582 (Fla. Aug. 22, 1989), the following question to be of great public importance:

IS SECTION 893.13(1)(e), FLORIDA STATUTES (1987) CONSTITUTIONAL?

AFFIRMED.

GOSHORN and HARRIS, JJ., concur.