Florida District Courts of Appeal, 1982

State v. Susman

State v. Susman
Florida District Courts of Appeal · Decided February 23, 1982 · Ferguson, Hubbart, Melvin, Woodrow
412 So. 2d 866; 1982 Fla. App. LEXIS 29204 (Southern Reporter, Second Series)

State v. Susman

Opinion of the Court

PER CURIAM.

The 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.

The 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).

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

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