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FISKE v. STATE

No. 50796.

366 So.2d 423 (1978)

Richard D. FISKE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

December 21, 1978.

Attorney(s) appearing for the Case

Peter L. Nimkoff and Rosemary J. Michael of August, Nimkoff & Pohlig, Miami, and John W. Emerson of Treadwell, Emerson & Elkins, Naples, Florida, for appellant.

Robert L. Shevin, Atty. Gen. and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

BOYD, Justice.

This is a direct appeal from a felony conviction in Collier County Circuit Court. The court directly passed on the validity of a state statute's application. We have jurisdiction. Article V, Section 3(b)(1), Florida Constitution.

Richard Fiske, appellant, was arrested as he emerged from a field in Collier County. Found near him was a bag of wild mushrooms. The mushrooms were taken into the custody...

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