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Johnson v. State

Supreme Court of Florida
602 So. 2d 1288 (Fla. 1992)


Facts

At the time of this case, delivering a controlled substance to a minor child was a crime under section 893.12(1)(c)1. of Florida’s general drug statute. Johnson (defendant), who gave birth to a son in 1987 and a daughter in 1989, admitted that she had used cocaine during both pregnancies and specifically stated that she had used cocaine on the day before her son’s birth and on the morning of her daughter’s birth. Florida (plaintiff) charged Johnson with two counts under section 893.12(1)(c)1., on the theory that “delivery” occurred when the cocaine passed through the umbilical cord to the child during the sixty to ninety seconds between delivery and the cutting of the cord. Johnson appealed her conviction on both counts.

Rule of Law

Issue

Holding and Reasoning (Harding, J.)

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