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STATE v. WERNER

No. 57920.

402 So.2d 386 (1981)

STATE of Florida, Appellant, v. Robert K. WERNER and Jack E. Carlson, Appellees.

Supreme Court of Florida.

Rehearing Denied September 8, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, and Janet Reno, State's Atty. and Arthur Joel Berger, Asst. State's Atty., Miami, for appellant.

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, Miami, for appellee Robert K. Werner.

Martin Lemlich, Miami Beach, for appellee Jack E. Carlson.

ENGLAND, Justice.

Robert K. Werner and Jack E. Carlson were charged by information with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979). This appeal comes to us under article V, section 3(b)(1), of the Florida Constitution (1972), from an order of the trial court granting their motions to dismiss the charges against them and declaring the statute unconstitutional.

All but one of the issues presented by this appeal were resolved...

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