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CUDA v. STATE

No. 82203.

639 So.2d 22 (1994)

James CUDA, Etc., Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

June 30, 1994.

Attorney(s) appearing for the Case

Flem K. Whited, III, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Belle B. Turner and Kimberly D. Nolen, Asst. Attys. Gen., Daytona Beach, for respondent.

Kirk Kirkconnell, President, Winter Park, Robert Harper, Jr., Co-Chairman, Tallahassee and James T. Miller, Jacksonville, amicus curiae on behalf of Florida Ass'n of Criminal Defense Lawyers (FACDL).

HARDING, Justice.

We have for review State v. Cuda, 622 So.2d 502 (Fla. 5th DCA 1993), in which the Fifth District Court of Appeal expressly declared section 415.111(5), Florida Statutes (1991), valid. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. We quash the district court decision because we find that the statute is unconstitutional.

James Cuda was charged with one count...

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