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HABER v. STATE

No. 58073.

396 So.2d 707 (1981)

Betty Lou HABER, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied May 4, 1981.

Attorney(s) appearing for the Case

Barry A. Cohen, Tampa, for appellant.

Jim Smith, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

McDONALD, Justice.

Haber appeals a circuit court order denying her application for relief under rule 3.850, Florida Rules of Criminal Procedure. Her motion to vacate was based on her assertions that her judgment and sentence were void because section 782.04, Florida Statutes (1973), could not be constitutionally applied to her. Because the trial court initially and directly passed on the validity of that statute, we have jurisdiction.1

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