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STATE v. SMITH

No. 82482.

638 So.2d 509 (1994)

STATE of Florida, Appellant, v. Robert N. SMITH, Appellee.

Supreme Court of Florida.

June 9, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Katherine V. Blanco and Stephen A. Baker, Asst. Attys. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender and Robert D. Rosen, Asst. Public Defender, Bartow, for appellee.

OVERTON, Justice.

We have on appeal State v. Smith, 624 So.2d 355 (Fla.2d DCA 1993), in which the district court declared section 322.34(3), Florida Statutes (1991), to be unconstitutional because it found that an act of simple negligence in operating a motor vehicle could not be combined with the crime of driving a motor vehicle under a canceled, suspended, or revoked license to create a new criminal offense. We have jurisdiction...

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