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STATE v. SHAW

No. 96-00753.

693 So.2d 582 (1997)

STATE of Florida, Appellant, v. Robert Edward SHAW, Appellee.

District Court of Appeal of Florida, Second District.

February 12, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for appellant.

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

BLUE, Judge.

The State appeals the circuit judge's order, entered after trial, declaring section 316.1935(2), Florida Statutes (1995), unconstitutional on the ground of vagueness. Based on the recent authority of State v. Barnes, 686 So.2d 633 (Fla. 2d DCA 1996), we reverse that ruling.

It is not necessary to remand this matter to the trial court for further proceedings...

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