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STATE v. GABAL

No. 58109.

398 So.2d 452 (1981)

STATE of Florida, Appellant, v. Steven GABAL, Appellee.

Supreme Court of Florida.

May 7, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant.

Geoffrey C. Fleck of Weiner, Robbins, Tunkey & Ross, Miami, for appellee.

PER CURIAM.

This cause is before us on direct appeal from an order of the trial court granting appellee's motion to dismiss and holding section 893.135, Florida Statutes (1979), unconstitutional. Art. V, § 3(b)(1), Florida Constitution (1972).

The State asserts that the trial court's order in this case differs in no material respect from the trial court's order which we reversed in State v. Benitez, 395 So.2d 514

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