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STATE v. FALCON

No. 88-00173.

556 So.2d 762 (1990)

STATE of Florida, Appellant, v. David FALCON, Appellee.

District Court of Appeal of Florida, Second District.

January 26, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry and Charles Corces, Jr., Asst. Attys. Gen., Tampa, for appellant.

No Appearance for appellee.

FRANK, Acting Chief Judge.

The state has appealed from an order in which the trial court dismissed a charge of embezzlement against Falcon on the ground that the statute he allegedly violated was unconstitutional. Falcon, a contractor, was charged with embezzlement pursuant to section 713.34(3), Florida Statutes (1985), which provided as follows:

(3) Any person, firm, corporation or agent, officer or employee thereof who, with intent to defraud, shall use...

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