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STATE v. MONTAS

No. 5D07-3962.

993 So.2d 1127 (2008)

STATE of Florida, Appellant, v. Fernando MONTAS, Appellee.

District Court of Appeal of Florida, Fifth District.

October 31, 2008.

Attorney(s) appearing for the Case

Lawson Lamar, State Attorney, and Abigail Forrester Jorandby, Assistant State Attorney, Orlando, for Appellant.

Robert Wesley, Public Defender, and Rosemarie Farrell, General Counsel, Orlando, for Appellee.

ORFINGER, J.

The State appeals the county court's order declaring section 250.43(2), Florida Statutes (2007), unconstitutional. This Court has jurisdiction. Fla. R.App. P. 9.030(b)(1)(A). The State argues that the trial court erred by concluding that section 250.43(2), regulating the wearing of military uniform and insignia, was unconstitutionally overbroad and violates the right to due process. We disagree and affirm....

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