State v. Susman

District Court of Appeal of Florida

State v. Susman

412 So. 2d 866, 1982 Fla. App. LEXIS 29204

District Court of Appeal of Florida·Decided February 23, 1982·No. No. 80-1127·Published

Opinion

PER CURIAM.

The State of Florida has perfected its appeal from an order entered in the Circuit [867] Court 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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PER CURIAM.

The State of Florida has perfected its appeal from an order entered in the Circuit [867] Court 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.

State v. Susman, 412 So. 2d 866, 1982 Fla. App. LEXIS 29204 (Fla. Ct. App. 1982).

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