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RODRIQUEZ v. STATE

No. 88-2413.

591 So.2d 211 (1991)

Adrian RODRIQUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 8, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant rehearing and substitute the following in the place of our prior opinion:

This appeal challenges the constitutionality of section 893.13(1)(e), Florida Statutes (1987). Appellant pled nolo contendere to a violation of that statute without reserving his right to appeal. Therefore, he has waived his right to challenge it, although such a challenge would be unavailing...

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