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STATE v. COWGILL

No. 58199.

397 So.2d 1134 (1981)

STATE of Florida, Appellant, v. William Daniel COWGILL, William Eugene Cox, Terry Von Smith, Vincent Doyle, Danny Robinson, Jerry Stubblefield and Ronald Farace, Appellees.

Supreme Court of Florida.

April 30, 1981.

Attorney(s) appearing for the Case

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

Philip Carlton, Jr. of the Law Offices of Philip Carlton, Jr., Miami, for appellees.

PER CURIAM.

The order of the Circuit Court of the Seventeenth 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, OVERTON, ENGLAND, ALDERMAN and McDONALD...

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