Syfert Injury Law Firm

Hutchinson's prior conviction under Florida Statutes § 817.563 constitutes a predicate controlled substance offense

methapyrilene, in lieu of heroin, in violation of section 817.563, Florida Statutes (1981). Bussey moved to dismiss

substance, section 817.563, Florida Statutes (1981). The appellant has attacked section 817.563 as being

convicted of a third-degree felony in violation of section 817.563, Florida Statutes (1989). Mitchell argued before

C.J., and DIAMANTIS, J., concur. NOTES [1] § 817.563, Fla. Stat. [2] § 812.014(2)(d), Fla. Stat. [3]

nor had he represented the rocks as such. See § 817.563, Fla.Stat. (1995); State v. Bussey, 463 So.2d

831.31, Fla. Stat. (2009); § 817.563, Fla. Stat. (2009). Under section 817.563: It is unlawful for any person

and Williams were charged with violations of section 817.563, Fla. Stat. (1981).[1] The State appeals the

contendere to a violation of Florida statute § 817.563, which appears in Chapter 817 of the Florida Statutes

of a controlled substance in violation of section 817.563, Florida Statutes (1981). Appellant allegedly

of a controlled substance in violation of section 817.563, Florida Statutes (2000). The probable cause

with the third-degree felony described in section 817.563(1), Florida Statutes (1989). When his case

substance in lieu of a controlled substance. § 817.563, Fla. Stat. (1981). The factual circumstances

a noncontrolled substance in violation of Section 817.563, Florida Statutes (1981), which states as follows:

charge him under section 831.31 rather than section 817.563, Florida Statutes (1981). We accordingly reverse

substance, had that offense been charged. See § 817.563, Fla. Stat. (2002) (making it “unlawful for any

counterfeit controlled substance pursuant to section 817.563, Florida Statutes (1991). He asserts that the

of a controlled substance, in violation of section 817.563(1), Florida Statutes (1991), and reverse his

counterfeit controlled substance in violation of section 817.563, Florida Statutes (1981). The facts surrounding

an amended information that Hricik violated section 817.563(2), Florida Statutes (1981), in that she did

[1] § 893.13(1)(a)2., Fla. Stat. (Supp. 1990); § 817.563(1), Fla. Stat. (1989). [2] Williams v. State

charged with sale of cocaine, in violation of Section 817.563, Florida Statutes. On February 5, 1990, the

1985). Analogous to the criminal statute, section 817.563, the person charged with this crime must make

information filed against him on the ground that section 817.563, Florida Statutes (1981), is unconstitutional

substance in lieu of cocaine, contrary to section 817.563, Florida Statutes (2009). The trial court imposed

SUBSTANCE IN PLACE OF A CONTROLLED SUBSTANCE F.S. 817.563 Before you can find (defendant) guilty of Sale

the statute under which they were charged, section 817.563, Florida Statutes (1981)[1], is unconstitutional

dismiss an information on the ground that section 817.563, Florida Statutes (1981), is unconstitutional

in exchange for money or something of value.” § 817.563, Fla. Stat. The meaning of “sell” therefore includes

and PADOVANO, JJ., concur. . We note that section 817.563, Florida Statutes (2004), makes it “unlawful

sentences of seventy-two months for a violation of section 817.563(1), Florida Statutes (2000), and a violation

to sell in March of 1996. See Fla. Stat. Ann. § 817.563, amended by 2000 Fla. Sess. Law Serv. 00-320 (C

to sell in March of 1996. See Fla. Stat. Ann. § 817.563, amended by 2000 Fla. Sess. Law Serv. 00-320

of a controlled substance, in violation of section 817.563(1), Florida Statutes (1999). Seaife argues

substance, a third degree felony pursuant to section 817.563, Florida Statutes (1989). The state correctly

of counterfeit controlled substances under section 817.563, Florida Statutes, and felony petit theft,

a counterfeit controlled substance, under section 817.563, Florida Statutes. Thompson sold counterfeit

4th DCA) (no “sale” occurs for purposes of section 817.563, Florida Statutes (1981), when defendant is

AFFIRMED. W. SHARP, and GRIFFIN, JJ., concur. . § 817.563, Fla.Stat. (1989). . The state also stated that

of a controlled substance,” proscribed by Section 817.563, Florida Statutes (1989), and “sale of an imitation

tests. Ruffner was charged with violating section 817.563, Florida Statutes (1989), which provides that

of a controlled substance in violation of section 817.563, Florida Statutes (1987), possession of a controlled

Affirmed. SMITH and WIGGINTON, JJ., concur. . Section 817.563, Florida Statutes, provides in part: 817.563

false controlled substance in violation of section 817.563(1), Florida Statutes (1987). We find that the

of a controlled substance, a violation of section 817.563, Florida Statutes (1987). On March 9, 1989

of a controlled substance, in violation of section 817.563, Florida Statutes (1987), a third degree felony

felony, instead of a third-degree felony. See § 817.563(1), Fla.Stat. (1985). We remand this case to the

substituting another substance in violation of section 817.563, Florida Statutes (1981). We reverse. The defendant

substance agreed to be sold, in violation of section 817.563, Florida Statutes (1983). On appeal, petitioner

appeal. The question presented is whether section 817.563, Florida Statutes (1981), is constitutional

PER CURIAM. Section 817.563, Florida Statutes (1981), prohibiting the sale of a counterfeit substance

purported controlled substance contrary to Section 817.563, Florida Statutes (1981). The stipulated facts

of such controlled substance, contrary to section 817.563, Florida Statutes (1983). We reject defendant’s

PER CURIAM. Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the

of the controlled substance in violation of section 817.563(1), Florida Statutes (1981). Subsequently,

PER CURIAM. Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the

State, 430 So.2d 523 (Fla. 2d DCA 1983), that Section 817.563, Florida Statutes (1981), is constitutional

substance. We reject appellant’s contention that section 817.563, Florida Statutes (1981), is unconstitutionally

substance (methamphetamine), in violation of Section 817.563, Florida Statutes (1981). We therefore remand

of a controlled substance in violation of section 817.563, Florida Statutes (1981). Appellant allegedly