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STATE v. BARNES

No. WW-37.

404 So.2d 422 (1981)

STATE of Florida, Appellant, v. Barry BARNES, et al., Appellees.

District Court of Appeal of Florida, First District.

October 13, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., for appellant.

Clifford L. Davis, Tallahassee, for appellees.

PER CURIAM.

The order of the Circuit Court granting appellees' motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional is reversed, and the cause remanded for further proceedings not inconsistent with State v. Benitez, 395 So.2d 514 (Fla. 1981).

SHIVERS, SHAW and WENTWORTH...

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