
    Willie CARTER, Appellant, v. STATE of Florida, Appellee.
    No. 56775.
    Supreme Court of Florida.
    March 13, 1980.
    As Corrected May 13, 1980.
    Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, App. Div., West Palm Beach, for appellant.
    Jim Smith, Atty. Gen., and Mary E. Mars-den, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

The appellant pled no contest to the charge of possession of marijuana, specifically reserving his right to appeal the trial court’s denial of his motion to dismiss. The trial court’s finding that section 893.-03(l)(c)3, Florida Statutes (1978 Supp.), is constitutional is consistent with this Court’s ruling in State v. Cheatham, 376 So.2d 1167 (Fla.1979). We hold that this constitutional issue is frivolous and transfer this case to the seventeenth judicial circuit for resolution of the remaining issue on appeal.

It is so ordered.

ENGLAND, C. J., and BOYD, OVER-TON, SUNDBERG, ALDERMAN and MCDONALD, JJ., concur.

ADKINS, J., dissents.  