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BANKS v. STATE

No. 49081.

342 So.2d 469 (1976)

Howard BANKS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied March 9, 1977.

Attorney(s) appearing for the Case

Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.

ROBERTS, Acting Chief Justice.

Having been transferred to us from the District Court of Appeal, First District, this cause is before us on direct appeal from the judgment and sentence of the Circuit Court in and for Duval County, that court having inherently passed on the constitutionality of Section 775.082(1), Florida Statutes. We have jurisdiction pursuant to Article V, Section 3(b)(1), Constitution of Florida.

Appellant was charged by indictment with the...

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