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STATE v. KINNER

No. 59167.

398 So.2d 1360 (1981)

STATE of Florida, Appellant, v. Billy Lee KINNER, Appellee.

Supreme Court of Florida.

May 21, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

Jonathan P. Rossman, Executive Director, Governor's Commission on Advocacy for Persons with Developmental Disabilities, Tallahassee, and Albert J. Hadeed, Southern Legal Counsel, Inc., Gainesville, amicus curiae.

ADKINS, Justice.

This case is here for mandatory review of the decision of the Second District Court of Appeal in the case of Kinner v. State, 382 So.2d 756 (Fla. 2d DCA 1980). The district court found section 393.11, Florida Statutes (1977), unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

On November 14, 1975, appellee was charged with the lewd assault of a child. He was found incompetent...

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