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STATE v. COMBS

No. 57628.

388 So.2d 1029 (1980)

STATE of Florida, Appellant, v. Robert Ike COMBS, Appellee.

Supreme Court of Florida.

September 25, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and William I. Munsey, Jr., and G.P. Waldbart, Asst. Attys. Gen., Tampa, for appellant.

Douglas M. Midgley, Public Defender, and Gordon R. Duncan, Asst. Public Defender of the Twentieth Judicial Circuit, Fort Myers, and Jack O. Johnson, Public Defender of the Tenth Judicial Circuit, Bartow, for appellee.

ADKINS, Justice.

The State brings this appeal from an order of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County dismissing an indictment on the grounds that the statute on which it was based was unconstitutional. We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972).

Count II of the indictment in this case charged appellee, hereinafter defendant, with attempted first degree murder, section 777.04...

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