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STATE v. GRECO

No. 85-64.

479 So.2d 786 (1985)

STATE of Florida, Appellant, v. Ross J. GRECO, Susan Greco, Sam Falzone and Heather Everett, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 19, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellant.

A.R. Mander, III of Greenfelder & Mander, P.A., Dade City, for appellee Sam Falzone.

Peter A. Proly of Law Offices of Riley & Proly, Port Richey, for appellees Ross J. Greco and Susan Greco.

Frank McClung, Brooksville, for appellee Heather Everett.

GRIMES, Judge.

This is an appeal from an order of the county court declaring section 106.03, Florida Statutes (Supp. 1984), unconstitutional. Art. V, § 4(b)(1), Fla. Const.; § 26.012, Fla. Stat. (Supp. 1984).

The Pasco County Grand Jury issued an indictment against the appellees which read in pertinent part:

The Grand Jurors of the State of Florida, impaneled and sworn to inquire and true charge make in and for the body of the County of...

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