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STATE v. KEMP

No. 82-1582.

429 So.2d 822 (1983)

STATE of Florida, Appellant, v. Josh Leroy KEMP, Jr., Appellee.

District Court of Appeal of Florida, Second District.

April 13, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellee.

SCHEB, Judge.

The state charged Josh Leroy Kemp with loitering in violation of a county ordinance and with possession of a controlled substance. The trial court dismissed the loitering charge on the ground that the statute was unconstitutionally vague and then suppressed the fruit of the search incident to Kemp's arrest. We reverse.

After being charged with loitering outside a bar in Lee County on April 24, 1982, Kemp moved to dismiss the charge on the ground...

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