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STATE v. POTTS

No. 71765.

526 So.2d 63 (1988)

STATE of Florida, Appellant, v. Willie POTTS, Jr., Appellee.

Supreme Court of Florida.

Rehearing Dismissed August 31, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Lee Rosenthal and John W. Tiedemann, Asst. Attys. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellee.

BARKETT, Justice.

We have on appeal Potts v. State, 526 So.2d 104 (Fla. 4th DCA 1987), which declared unconstitutional a portion of section 790.07(2), Florida Statutes (1985). Jurisdiction is mandatory. Art. V, § 3(b)(1), Fla. Const.

Having reviewed the entire record in this case, we have determined that the district court's decision below is an eminently correct statement of the law. The state through its criminal...

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