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STATE v. DAVIS

No. 92-1861.

619 So.2d 517 (1993)

STATE of Florida, Appellant, v. Chauncey DAVIS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 16, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We affirm an order dismissing escape charges against Chauncey Davis on the grounds that the provision of section 39.061, Florida Statutes (Supp. 1990), governing juvenile escape, constitutes an unconstitutional delegation of legislative authority. See D.P. v. State, 597 So.2d 952 (Fla. 1st DCA 1992).

Davis was charged with violating the 1990 version of section 39.061, which provided:

An escape...

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