Florida District Courts of Appeal, 1981

State v. Smith

State v. Smith
Florida District Courts of Appeal · Decided September 2, 1981 · Downey, Glickstein, Hurley
402 So. 2d 1360; 1981 Fla. App. LEXIS 20939 (Southern Reporter, Second Series)

State v. Smith

Opinion of the Court

PER CURIAM.

The trial court's order of December 19, 1980, which declared Section 893.135, Florida Statutes (1979) to be unconstitutional and, thereupon, dismissed the information, is reversed upon the authority of State v. Benitez, 395 So.2d 514 (Fla. 1981).

REVERSED and REMANDED for further proceedings.

DOWNEY, GLICKSTEIN and HURLEY, JJ., concur.

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