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NIX v. STATE

No. 1D11-8.

84 So.3d 424 (2012)

Alexander L. NIX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 2, 2012.

Attorney(s) appearing for the Case

Jeffrey E. Lewis , Regional Conflict Counsel, Sheila Callahan , Assistant Regional Conflict Counsel, of the Office of Criminal Conflict & Civil Regional Counsel, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Giselle D. Lylen , Assistant Attorney General, Tallahassee, for Appellee.

WETHERELL, J.

Appellant raises three issues in this direct appeal of his conviction and sentence: 1) that section 893.13, Florida Statutes, is facially unconstitutional; 2) that the trial court erred in denying his motion for judgment of acquittal; and 3) that the trial court erred in imposing a discretionary fine and surcharge that had not been orally pronounced. We affirm the first issue based on Flagg v. State, 74 So.3d 138

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