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STATE v. T.B.D.

No. 93-3895.

638 So.2d 165 (1994)

STATE of Florida, Appellant, v. T.B.D., a Child, Appellee.

District Court of Appeal of Florida, First District.

June 14, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt, Asst. Atty. Gen., James W. Rogers, Bureau Chief-Crim. Appeals, Tallahassee, for appellant.

Louis O. Frost, Jr., Public Defender, James T. Miller, Asst. Public Defender, Jacksonville, for appellee.

WEBSTER, Judge.

The state seeks review of an order dismissing a count of a delinquency petition which charged that appellee, T.B.D., placed on the property of another, without obtaining written permission, a burning or flaming cross, in violation of section 876.18, Florida Statutes (1993). The trial court held that section 876.18 was unconstitutional on its face because it infringed upon rights protected by the First Amendment to the United States Constitution. We...

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