STATE v. SMITH

PER CURIAM.

On examination of the record and the defendant's confession of error, we reverse an order dismissing the information on the basis that the statute which the defendant was charged with violating was unconstitutional. In Burch v. State, 558 So.2d 1 (Fla. 1990), the supreme court held constitutional section 893.13(1)(e), Florida Statutes (1989), under which the sale or delivery of a controlled substance within 1,000 feet of a public school is unlawful.

Reversed and remanded.