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STATE v. DAVIS

No. 92-2344.

623 So.2d 622 (1993)

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

District Court of Appeal of Florida, Fourth District.

September 8, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellant.

Alexander M. Siegel, Fort Lauderdale, for appellee.

PER CURIAM.

The state appeals a final order of the county court dismissing an information charging appellee with violating section 796.07(3), Florida Statutes (1991), having found this section is unconstitutional. The county court also entered an amended final order wherein it certified the following four questions to this court:

WHETHER F.S. 796.07(3)(a) IS UNCONSTITUTIONAL IN THAT IT REPRESENTS AN ABUSE OF POLICE POWER OF THE STATE OF FLORIDA DUE TO THE...

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