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CALHOUN v. STATE

No. 79-203.

397 So.2d 1152 (1981)

Romie CALHOUN, IV, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 1, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant, a juvenile, charged as an adult with burglary of a dwelling, pleaded nolo contendere, reserving the right to appeal the denial of a motion to dismiss the information. We affirm.

Appellant's contention that section 39.04(2)(e)(4),1 Florida Statutes (Supp. 1978), is unconstitutional has already been determined contrary to his position. State v. Cain, 381 So.2d 1361

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