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STATE v. GLOSTER

No. 96-4559.

703 So.2d 1174 (1997)

STATE of Florida, Appellant, v. Albert Michael GLOSTER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 9, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Mark C. Menser, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellee.

WEBSTER, Judge.

The state seeks review of an order dismissing an information charging a violation of section 322.34(1)(c), Florida Statutes (1995), because the trial court concluded that the statute unconstitutionally delegated legislative power to the judiciary. The state contends that the trial court's order was based upon flawed reasoning, and that the statute does not involve an unconstitutional delegation of legislative...

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