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STATE v. ANDERSON

No. 81-274.

402 So.2d 1360 (1981)

STATE of Florida, Appellant, v. James Monroe ANDERSON, Charles Joseph Busby, Billy Wayne Dale and George Stuart, Appellees.

District Court of Appeal of Florida, Fourth District.

September 2, 1981.

Attorney(s) appearing for the Case

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

No brief filed for appellees.

PER CURIAM.

The trial court's order of January 28, 1981, nunc pro tunc January 26, 1981, which declared Section 893.135, Florida Statutes (1979), to be unconstitutional and, thereupon, dismissed the information, is reversed upon the authority of State v. Benitez, 395 So.2d 514 (Fla. 1981).

REVERSED and REMANDED.

BERANEK, HERSEY and GLICKSTEIN...

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