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STATE v. ALVES

No. 91-1946.

610 So.2d 591 (1992)

STATE of Florida, Appellant, v. Alan L. ALVES, Appellee.

District Court of Appeal of Florida, Fifth District.

December 11, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, Daytona Beach, and Michael J. Heise, Asst. Public Defender, DeLand, for appellee.

PETERSON, Judge.

The State appeals an order granting Alan L. Alves' motion to dismiss an information charging Alves with a violation of section 856.015, Florida Statutes (1991). We have jurisdiction. Fla. Const. art. V, § 4(b)(1); § 26.021, Fla. Stat. (1991); Fla.R.App.P. 9.030(b)(1)(a). The motion challenged the facial validity of the statute which provides:

856.015 Open house parties. — (1) Definitions. — As...

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