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STATE v. BRAKE

No. SC00-119.

796 So.2d 522 (2001)

STATE of Florida, Appellant, v. James E. BRAKE, Jr., Appellee.

Supreme Court of Florida.

September 20, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Diana K. Bock, Assistant Attorney General, Tampa, FL, for Appellant.

Peter S. Baranowicz of Baranowicz & Calderon, P.A., Venice, FL, for Appellee.

HARDING, J.

We have on appeal a decision of a district court of appeal declaring a state statute to be invalid. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

James E. Brake, Jr. was charged by information with violating section 787.025, Florida Statutes (1997).1 This statute makes it a third-degree felony for a person over eighteen, who previously has been convicted of a violation of chapter 794,

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