STATE v. DE LA LLANA

No. 96-04260.

693 So.2d 1075 (1997)

STATE of Florida, Appellant, v. Jack S. DE LA LLANA, Appellee.

District Court of Appeal of Florida, Second District.

May 16, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Diana Bock, Assistant Attorney General and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

Thomas A. Smith, Tampa, for Appellee.


LAZZARA, Judge.

The state of Florida appeals a county court order dismissing a criminal charge embodied in a notice to appear which determined that section 893.13(7)(a)5., Florida Statutes (1995), which formed the basis for the charge, was unconstitutionally vague and overbroad. We have jurisdiction. See Fieselman v. State, 566 So.2d 768, 770 (Fla.1990) (district court of appeal has jurisdiction to review county court order...

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