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FREAR v. STATE

No. 96-4048.

700 So.2d 465 (1997)

James FREAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 23, 1997.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Stephen R. White, Assistant Attorney General, Tallahassee, for Appellee.

WEBSTER, Judge.

Appellant was charged with possession of a firearm by a violent career criminal, in violation of section 790.235(1), Florida Statutes (1995). Following the denial of his motion to dismiss the information on the ground that section 790.235(1) is unconstitutional, appellant entered a plea of no contest, reserving the right to appeal the adverse ruling on the motion. Appellant contends that the statute is unconstitutional because it is susceptible to...

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