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STATE v. CORLEY

No. 89-0103.

558 So.2d 187 (1990)

STATE of Florida, Appellant, v. Richard CORLEY, Appellee.

District Court of Appeal of Florida, Fourth District.

March 21, 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.

No appearance for appellee.

PER CURIAM.

This is an appeal from an order of the county court declaring section 327.35, Florida Statutes (1987) unconstitutional and dismissing an action against the defendant/appellee, Richard Corley. Section 327.35(1)(a) provides:

It is unlawful for ... [a]ny person who is under the influence of alcoholic beverages, any chemical substance set forth in § 877.111, or any substance controlled under chapter 893, when affected to the extent that his normal...

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