STONE v. STATE

No. R-80.

264 So.2d 81 (1972)

Raymond R. STONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 29, 1972.


Attorney(s) appearing for the Case

Raymond R. Stone, in pro. per.

Robert L. Shevin, Atty. Gen., and William E. Whitlock, III, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant seeks reversal of the order denying his motion for post-conviction relief. It is urged that the decision of Franklin v. State, 257 So.2d 21 (Fla. 1971), which declared Florida Statutes § 800.01, F.S.A., unconstitutional for vagueness and uncertainty, should have retroactive effect. This contention is directly contradicted by the Franklin case itself, wherein it is stated:

"In view of our...

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