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STATE v. THURSTON

No. 91-719.

591 So.2d 998 (1991)

The STATE of Florida, Appellant, v. Griffith THURSTON, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellant.

Fred Butner, Key West, for appellee.

Before BARKDULL, NESBITT and GODERICH, JJ.

PER CURIAM.

The trial court held unconstitutional Section 403.413, Florida Statutes (1991), as being overbroad as applied to motor vehicles. His order reads as follows:

"THIS CAUSE having come before the court for a Hearing on Tuesday, March 5, 1991, at 10:00 a.m., and the Court being fully advised by Motions made by the State and Defendant and by oral argument by both, the Court hereby finds the following in this case: 1. Today in Florida any ...

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