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DUNMAN v. STATE

No. 58815.

389 So.2d 205 (1980)

Kevin Jay DUNMAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

October 9, 1980.

Attorney(s) appearing for the Case

No appearance for appellant.

Jim Smith, Atty. Gen., and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Appellant here challenges the constitutionality of section 39.04, Florida Statutes (1979). This Court has recently upheld the statute's validity, State v. Cain, 381 So.2d 1361 (Fla. 1980), and, therefore, we find this issue to be frivolous. This case is transferred to the District Court of Appeal, Fifth District, for resolution of the remaining issues on appeal.

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