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STATE v. SOWERS

Nos. 83-489, 83-493.

442 So.2d 239 (1983)

STATE of Florida, Appellant, v. Kenneth A. SOWERS and Larry Gene Johnston, Appellees.

District Court of Appeal of Florida, Fifth District.

October 20, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant.

James Russo, Public Defender, and John D. Galluzzo, Asst. Public Defender, Sanford, for appellees.

DAUKSCH, Judge.

This is an appeal from a county court order suppressing evidence in a criminal case and from the declaration in that order that Section 316.1932(1)(a), Florida Statutes (1982) is unconstitutional. Jurisdiction for our review of that order is pursuant to Rule 9.140(c), Section 26.012(1) and Section 924.08(2).

The order appealed declares the statute unconstitutional because it violates the Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution...

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