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STATE v. HURST

No. 83-1933.

448 So.2d 612 (1984)

The STATE of Florida, Appellant, v. William Leon HURST, Michael Ian Dusakto and Hugh Raven Walker, Appellees.

District Court of Appeal of Florida, Third District.

April 17, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellant.

Alan I. Karten and Kenneth L. Marvin, Miami, Harvey Robbins, North Miami, for appellees.

Before SCHWARTZ, C.J., DANIEL S. PEARSON, J., and M. IGNATIUS LESTER, Associate Judge.

SCHWARTZ, Chief Judge.

We agree with Watts v. State, 447 So.2d 271 (Fla. 2d DCA 1983) that the constitutionality of the Florida loitering and prowling statute, Section 856.021, Florida Statutes (1981), as upheld in State v. Ecker, 311 So.2d 104 (Fla. 1975) is not affected by Kolender v. Lawson, ___ U.S. ___, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983). The trial court held otherwise...

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