BOYD, Justice.
This cause is before the Court on appeal from a judgment of the County Court, Escambia County, which passed upon the constitutionality of a state law. Appellant filed his notice of appeal on December 5, 1979. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. (1972).
Appellant was charged with violating section 876.13, Florida Statutes (1977). That section provides:
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