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572 So. 2d 1378

572 So.2d 1378

16 Fla.L.WeeklySupp. 39

Hicks v. State

Supreme Court of Florida

Decided January 3, 1991

Supreme Court of Florida · decided 1991-01-03

Relies on 572 So. 2d 1376 - Warren v. State · 558 So. 2d 59 - Durham v. Palm Court, Inc. · 558 So. 2d 55 - State v. Warren

Decided 1991-01-03

BARKETT, Justice.

¶1We have for review State v. Hicks, 558 So.2d 59 (Fla. 2d DCA 1990), in which the district court reversed the trial court’s determination that section 796.01 of the Florida Statutes (1987), was unconstitutional based on State v. Warren, 558 So.2d 55 (Fla. 2d DCA 1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. In Warren v. State, 572 So.2d 1376 (Fla.1991), however, we found section 796.01 unconstitutionally vague. Therefore, we quash Hicks and remand to the district court to affirm the trial court’s dismissal of the information.

¶2It is so ordered.

*1379SHAW, C.J., and OVERTON, McDonald, EHRLICH, GRIMES and KOGAN, JJ., concur.
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