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BYRD v. STATE

No. 79-1758/T4-713.

388 So.2d 1362 (1980)

Tom Andrain BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 15, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, Asst. Public Defender, Appellate Division, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellant Tom Andrain Byrd was charged with burglary of a dwelling and grand theft. At the time of the offense, he was seventeen years old. Under section 39.04(2)(e)(4), Florida Statutes (1979), jurisdiction was vested in the circuit court.

Appellant moved to dismiss alleging that section 39.04(2)(e)(4) was unconstitutional. The motion was denied and he entered a plea of nolo contendere...

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