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398 So. 2d 1353

State v. Foxx

Supreme Court of Florida

Decided May 21, 1981

Supreme Court of Florida · decided 1981-05-21

Decided 1981-05-21

PER CURIAM.

¶1Because the trial court granted defendant’s motion to suppress all evidence subsequent to its declaration of the unconstitutionality of section 893.135, Florida Statutes (1979), and because the state did not appeal the order to suppress which is a controlling disposition of this case, the state’s appeal from the trial court’s order granting defendant’s motion to dismiss is now moot and is therefore dismissed.

¶2It is so ordered.

SUNDBERG, C. J., and OVERTON, ENGLAND, ALDERMAN and MCDONALD, JJ., concur. ADKINS and BOYD, JJ., dissent.
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