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STATE v. BRIGHT

Nos. 82-1452, 83-57.

451 So.2d 880 (1984)

STATE of Florida, Appellant, v. John Eummel BRIGHT, Appellee. STATE of Florida, Appellant, v. Arthur DAVIS, Appellee.

District Court of Appeal of Florida, Fifth District.

On Rehearing June 28, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and David A. Henson, Asst. Public Defender, Daytona Beach, for appellees John Eummel Bright and Arthur Davis.

FRANK D. UPCHURCH, Jr., Judge.

The state appeals from orders dismissing the informations against defendants Arthur Davis and John Bright on the basis that the statute under which they were charged, section 817.563, Florida Statutes (1981)1, is unconstitutional. Since they involve the same issue, the cases have been consolidated on appeal.

The court below held that section 817.563 is unconstitutional because it makes the sale of...

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