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KEARNS v. KORDA

No. 81-1022.

400 So.2d 202 (1981)

Toby KEARNS a/K/a Thomas Norman Kearns, Jr., and Leon Eugene Allen, Petitioners, v. The Honorable Judge Lawrence L. KORDA, Respondent.

District Court of Appeal of Florida, Fourth District.

July 1, 1981.

Attorney(s) appearing for the Case

Charles G. Brackins, Gainesville, for petitioners.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for respondent.

ANSTEAD, Judge.

The respondent trial judge granted petitioners' motion to dismiss on the grounds that the statute under which the petitioners were being prosecuted was unconstitutional. See generally, State v. Benitez, 395 So.2d 514 (Fla. 1981). The state did not appeal. Subsequently, in Benitez, supra, the statute in question was found to be constitutional. The state then filed a motion before the respondent to reinstate...

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