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MATTHEWS v. STATE

No. 50350.

363 So.2d 1066 (1978)

Hawthorne Konrad MATTHEWS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied November 28, 1978.

Attorney(s) appearing for the Case

Paul Shimek, Jr., of Shimek & Sutherland, Pensacola, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.

SUNDBERG, Justice.

This cause comes to us by appeal from the decision of the District Court of Appeal, First District, in Matthews v. State, reported at 336 So.2d 643, because the district court initially and directly passed on the validity of Section 836.05 Florida Statutes (1973), thereby vesting jurisdiction in this Court under Article V, Section 3(b)(1), Florida Constitution. It is unusual that the case would reach this...

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