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TORRES v. CITY OF ORLANDO

No. 77-324.

348 So.2d 613 (1977)

Frank TORRES, Jr., Petitioner, v. CITY OF ORLANDO, Respondent.

District Court of Appeal of Florida, Fourth District.

July 1, 1977.

Attorney(s) appearing for the Case

John L. O'Donnell, Jr., Helliwell, Melrose & DeWolf, Orlando, for petitioner.

Joel A. Spector and Paul A. Rowell, Orlando, for respondent.

PER CURIAM.

By petition for writ of certiorari, the petitioner Frank Torres, Jr., seeks review of his conviction under an Orlando ordinance, No. 43.56-1, which incorporated Section 847.05, Florida Statutes (1975). The Florida Supreme Court has declared Section 847.05 unconstitutional. Spears v. State, 337 So.2d 977 (Fla. 1976). That decision is determinative of the issue raised here. See Wheeler v. State,

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