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STATE v. CARHARTT

No. 48633.

335 So.2d 554 (1976)

STATE of Florida, Appellant, v. James CARHARTT, Appellee.

Supreme Court of Florida.

July 14, 1976.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appellant.

Allen L. Jacobi of Jacobi & Seidler, Coconut Grove, and Phillip A. Hubbart, Public Defender, for appellee.

PER CURIAM.

Appellant received a citation on March 30, 1975, for violating Section 316.028(3), Florida Statutes.* In an order dated October 9, 1975, the trial court granted a motion to dismiss on the ground that this statute was unconstitutionally vague and arbitrary and constituted a denial of due process of law.

On March 17, 1976, this Court filed its opinion in the case of Roberts v. State, 329 So.2d...

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