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MACK v. STATE

No. 3D02-413.

836 So.2d 1062 (2003)

Craig Lanard MACK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 30, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charlie Crist, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.

PER CURIAM.

The court, sua sponte, withdraws its opinion herein dated January 29, 2003, and substitutes the following opinion.

The appellant raised for our consideration two issues: (1) whether section 827.03(1)(b), Florida Statutes (2001) relating to child abuse is unconstitutional therefore appellant Craig Lanard Mack's conviction for attempted child abuse must be vacated; and (2) assuming the constitutionality of section 827.03(1)(b), Florida Statutes...

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