
    The STATE of Florida, Appellant, v. Paul SMITH, Appellee.
    No. 90-72.
    District Court of Appeal of Florida, Third District.
    June 26, 1990.
    Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for ap-pellee.
    Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
    Before HUBBART, NESBITT and BASKIN, JJ.
   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.  