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GRAHAM v. MURRELL

No. AW-375.

462 So.2d 34 (1984)

Bob GRAHAM, Governor of the State of Florida, Appellant, v. Randolph P. MURRELL, an Assistant Public Defender, Appellee.

District Court of Appeal of Florida, First District.

December 18, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and James A. Peters, Asst. Atty. Gen., Tallahassee, for appellant.

Randolph P. Murrell, Asst. Public Defender, Tallahassee, for appellee.

Bennett H. Brummer, Public Defender, and Thomas G. Murray, Asst. Public Defender, Miami, for amicus curiae Fla. Public Defender Ass'n.

WIGGINTON, Judge.

Appellee, an assistant public defender, filed an amended complaint for declaratory judgment, seeking a declaration from the court that chapter 83-256, section 1, Laws of Florida (1983), amending section 27.56(1)(a), Florida Statutes, is unconstitutional. Chapter 83-256, section 1, amended section 27.56(1)(a) to include the following language:

At the sentencing hearing or at such stage in the proceedings as the court may deem appropriate...

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