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STATE v. CONSTANTINI

No. 58112.

399 So.2d 972 (1981)

STATE of Florida, Appellant, v. James Ronald CONSTANTINI, Paul Earnest Kersten, Samuel R. Mathes, and William Lloyd Tobin, Appellees.

Supreme Court of Florida.

Rehearing Denied July 9, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.

Anthony T. Young, Asst. State Atty., Okeechobee, Steve Kackley, Sebring, Michael Bloom, Miami, and H. Stephen Rash of Rash, Katzen, Kay & Pintado, South Miami, for appellees.

PER CURIAM.

The order of the Circuit Court of the Nineteenth Judicial Circuit granting appellees' motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional is reversed, and the cause remanded for further proceedings not inconsistent with State v. Benitez, 395 So.2d 514 (Fla. 1981).

It is so ordered.

SUNDBERG, C.J., and ADKINS, BOYD...

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