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STATE v. CYPHERS

No. 2D03-1272.

873 So.2d 471 (2004)

STATE of Florida, Appellant, v. Mark CYPHERS and Donna McKinney, Appellees.

District Court of Appeal of Florida, Second District.

May 12, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellant.

Henry E. Lee of Law Office of Henry Lee, Sarasota, for Appellee Mark Cyphers.

Jackson McGill of Law Offices of R. Jackson McGill, Sarasota, for Appellee Donna McKinney.

STRINGER, Judge.

The State seeks joint review of two orders granting Mark Cyphers' and Donna McKinney's motions to dismiss on the grounds that the statutory scheme they were charged under is unconstitutionally vague. Cyphers and McKinney (Defendants) were charged with keeping a gambling house, contrary to section 849.01, Florida Statutes (2003), and possession of coin-operated devices (slot machines), contrary to section 849.15, Florida Statutes (2003). Because sections...

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