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412 So. 2d 866

State v. Susman

District Court of Appeal of Florida

Decided February 23, 1982

District Court of Appeal of Florida · decided 1982-02-23

Relies on 395 So. 2d 514 - State v. Benitez · 400 So. 2d 762 - State v. Yu · State v. Werner

Decided 1982-02-23

PER CURIAM.

¶1The State of Florida has perfected its appeal from an order entered in the Circuit *867Court of Dade County that dismissed a count contained in an information filed against the appellee. In entering such order, the trial court held that Section 893.-135, Florida Statutes was unconstitutional.

¶2The order appealed from is reversed upon the authority of State v. Benitez, 395 So.2d 514 (Fla.1981); State v. Yu, 400 So.2d 762 (Fla.1981); State v. Werner, 402 So.2d 386 (Fla.1981); Stone v. State, 402 So.2d 1330 (Fla. 1st DCA 1981).

¶3For the foregoing reasons, the trial court is directed to proceed in harmony with the views herein expressed.

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