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STATE v. DAVANZO

No. 56696.

377 So.2d 1171 (1979)

STATE of Florida, Appellant, v. Victor DAVANZO, Henry Santa Lucia, Larry Summerlin, Randy Deluca, Dario Herrera, Daniel Bo Riccardi and Martin Tacetta, Appellees.

Supreme Court of Florida.

December 13, 1979.

Attorney(s) appearing for the Case

Michael J. Satz, State's Atty., and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Sheldon Golding, Fort Lauderdale, for Victor Davanzo and Henry Santa Lucia.

Frank E. Freeman, Miami, for Larry Summerlin.

Miguel del Aguila, Miami, for Dario Herrera.

Kerry J. Nahoom, Fort Lauderdale, for Randy Deluca, Daniel Bo Riccardi and Martin Tacetta.

PER CURIAM.

The trial court granted a motion to dismiss and found section 893.03(1)(c)3, Florida Statutes (1978 Supp.), and sections 893.13(1)(a)2 and 777.04(4)(c), Florida Statutes (1977), as applied to cannabis, to be unconstitutional. We reverse and remand for further proceedings consistent with State v. Cheatham, 376 So.2d 1167 (Fla. 1979).

It is so ordered.

ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG...

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