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STATE v. MITCHELL

No. 92-03168.

652 So.2d 473 (1995)

STATE of Florida, Appellant, v. Michael MITCHELL, Appellee.

District Court of Appeal of Florida, Second District.

March 24, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.

RYDER, Acting Chief Judge.

The State of Florida challenges the trial court's order dismissing the charges of discharging a destructive device in violation of section 790.161, Florida Statutes (1991), and declaring unconstitutional sections 790.001(4)-(5) and 791.01(4)(a), Florida Statutes (1991). The trial judge held the statutes unconstitutional on their face as vague and overbroad as they relate to the definition of destructive devices containing explosives,

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