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STATE v. BECKMAN

No. 88-1764.

547 So.2d 210 (1989)

STATE of Florida, Appellant, v. Phillip BECKMAN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 8, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellant.

W. Ford Duane of W. Ford Duane, P.A., Orlando, for appellee.

COBB, Judge.

We are called upon to review a trial court's dismissal of an information based upon a determination that section 827.071(5), Florida Statutes (1987) is facially unconstitutional. That statute provides:

It is unlawful for any person to knowingly possess any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he knows to include any sexual conduct by a child. Whoever violates this subsection...

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