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KINNER v. STATE

No. 78-2118.

382 So.2d 756 (1980)

Billy Lee KINNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 2, 1980.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.

George L. Waas, Asst. Gen. Counsel of the Florida Department of Health & Rehabilitative Services, Tallahassee, amicus curiae.

Jon P. Rossman, Executive Director, Governor's Commission on Advocacy for Persons with Developmental Disabilities, Tallahassee, and Albert J. Hadeed, Southern Legal Counsel, Inc., Gainesville, amicus curiae.

BOARDMAN, Acting Chief Judge.

Billy Lee Kinner appeals an order of the circuit court involuntarily committing him for hospitalization pursuant to Section 393.11, Florida Statutes (1977). Appellant challenges the constitutionality of Section 393.11 for the first time on this appeal.1 We agree that Section 393.11 is unconstitutional and reverse.

Generally, unless an error is raised at the trial level it cannot be considered on appeal...

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