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ALEXANDER v. STATE

No. 65666.

477 So.2d 557 (1985)

Jimmie Lee ALEXANDER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 10, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell and Dean Willbur, Asst. Public Defenders, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., and Marlyn J. Altman and Sarah B. Mayer, Asst. Attys. Gen., West Palm Beach, for respondent.

Robert Dowlut, Washington, D.C., for National Rifle Association, amicus curiae.

ADKINS, Justice.

Petitioner appeals the Fourth District Court of Appeal's affirmance of the trial court's denial of his motion to dismiss. The district also held section 790.01(2), Florida Statutes (1981), to be constitutional. Alexander v. State, 450 So.2d 1212 (Fla. 4th DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We hold that section 790.01(2), Florida Statutes (1981), as modified by sections...

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