ADKINS, Justice.
This cause is before this Court on direct appeal from the Criminal Court of Record for Dade County, Florida. The trial court passed directly upon the constitutionality of Fla. Stat. §§ 800.01, F.S.A., holding same constitutional. We have jurisdiction. Fla. Const., art. V, § 4(2), F.S.A.
During the pendency of this appeal, this Court in Franklin v. State and Joyce v. State,
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