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GILMORE v. STATE

No. 58678.

390 So.2d 69 (1980)

Jeffery A. GILMORE, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

November 6, 1980.

Attorney(s) appearing for the Case

Douglas M. Midgley, Public Defender, and Deborah Studybaker, Asst. Public Defender, Naples, for appellant.

Jim Smith, Atty. Gen., and Gregory Phillip Waldbart, Asst. Atty. Gen., Tampa, for appellee.

SUNDBERG, Chief Justice.

Appellant brings this appeal attacking the constitutionality of section 39.04(2)(e)4, Florida Statutes (1979). He argues that the section is unconstitutional in the following respects: (i) the section violates due process; (ii) the section violates equal protection; (iii) the section constitutes an unlawful delegation of legislative authority; and (iv) the section violates the prohibition against...

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