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STATE v. McCORMICK

No. SC02-2194.

868 So.2d 512 (2004)

STATE of Florida, Appellant, v. David A. McCORMICK, Appellee.

Supreme Court of Florida.

March 4, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Patrick W. Krechowski and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Appellant.

No appearance, for Appellee.

PER CURIAM.

We have on appeal a decision of a district court of appeal declaring invalid a state statute. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. For the reasons expressed in our opinion in Florida Department of Highway Safety & Motor Vehicles v. Critchfield, 842 So.2d 782 (Fla.2003), we summarily affirm the decision of the Fifth District Court of Appeal in McCormick v. State,

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