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STATE v. ROGERS

No. 89-588.

565 So.2d 724 (1990)

STATE of Florida, Appellant, v. Terrance ROGERS, Appellee.

District Court of Appeal of Florida, Fourth District.

May 23, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.

ON MOTION TO STAY THE MANDATE

PER CURIAM.

We deny the motion to stay the mandate. Appellee requests that the mandate be stayed while he seeks review in the supreme court based upon his challenge to the constitutionality to section 893.13(1)(e), Florida Statutes (1987), which was upheld in Burch v. State, 558 So.2d 1 (Fla. 1990), rehearing pending.

The problem with considering the entire Burch issue...

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