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STATE v. DEMPS

No. 1D00-1949.

789 So.2d 1242 (2001)

STATE of Florida, Appellant, v. Brian DEMPS, Appellee.

District Court of Appeal of Florida, First District.

July 30, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, for Appellee.

PER CURIAM.

The state appeals the trial court's dismissal of count one of the information charging Brian Demps with violating section 893.13(1)(e), Florida Statutes (1999). As this Court has previously rejected challenges on the statute's constitutionality based on due process, equal protection, vagueness and establishment clause grounds, we reverse and remand with directions for the trial court to reinstate count one of the information. See State v. Glover,

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