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O'HARA v. STATE

No. 89-196.

555 So.2d 945 (1990)

Tracy Wayne O'HARA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 18, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm in this cause, but certify to the Florida Supreme Court, as a question of great public importance, the same question certified in Blankenship v. State, 545 So.2d 908 (Fla. 2d DCA 1989), and State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989):

IS SECTION 893.13, FLORIDA STATUTES (1987), CONSTITUTIONAL?

DANIEL, C.J., and COBB and SHARP...

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