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STATE v. BURDETTE

No. 2D01-3981.

826 So.2d 1092 (2002)

STATE of Florida, Appellant, v. Terrell BURDETTE, Appellee.

District Court of Appeal of Florida, Second District.

October 4, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

Donald P. Day of Berry, Day & McFee, P.A., Naples, for Appellee.

FULMER, Judge.

The State appeals from an order granting Burdette's motion to declare the impoundment provision of section 316.193(6)(a), Florida Statutes (2000), unconstitutional as applied.1 We reverse because under our interpretation of section 316.193(6)(a), the statute did not apply and no impoundment could be ordered in Burdette's case. Therefore, the trial court should not have considered the constitutionality of the statute.

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