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STATE v. LEICHT

Nos. 58233, 58288.

402 So.2d 1153 (1981)

STATE of Florida, Appellant, v. Russell LEICHT, Appellee. STATE of Florida, Appellant, v. Steven W. JORDAN, Appellee.

Supreme Court of Florida.

Rehearing Denied September 24, 1981.

Attorney(s) appearing for the Case

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

H. Dohn Williams, Jr., of Varon & Stahl, Hollywood, for appellee Russell Leicht.

Peter F.K. Baraban, Miami, for appellee Steven W. Jordan.

McDONALD, Justice.

The state appealed a circuit court ruling declaring section 893.135, Florida Statutes (1979),1 unconstitutional. This Court stayed further proceedings in the instant cases because of the pending disposition of State v. Benitez, 395 So.2d 514 (Fla. 1981). In Benitez, this Court found section 893.135 to be constitutional. That ruling does not entirely dispose of these two...

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