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SOWERS v. STATE

No. 58238.

386 So.2d 245 (1980)

Keith Virgil SOWERS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

July 17, 1980.

Attorney(s) appearing for the Case

Harry W. Carls III, Public Defender, and Glenn Klausman, Asst. Public Defender, Orlando, for appellant.

Jim Smith, Atty. Gen., and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The present case is before the Court on appeal from a trial court order upholding the constitutionality of section 39.04(2)(e)4. Having recently upheld this statute's validity, State v. Cain, 381 So.2d 1361 (Fla. 1980), we find the constitutional issue to be frivolous. This case is transferred to the District Court of Appeal, Fifth District, for resolution of the remaining issues raised on appeal.

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