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STATE v. EPLER

No. 89-00491.

559 So.2d 746 (1990)

STATE of Florida, Appellant, v. Walter EPLER, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.

PER CURIAM.

The state appeals a dismissal of an information alleging the possession or distribution of obscene materials in violation of section 847.011, Florida Statutes (1987). The dismissal was based on a finding that the statute was unconstitutional.

This court has subsequently upheld the constitutionality of section 847.011 in State v. Long, 544 So.2d 219 (Fla. 2d DCA 1989).

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