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STATE v. McCUTCHEON

No. 82-1053.

428 So.2d 788 (1983)

STATE of Florida, Appellant, v. Mack Pat "Boo Boo" McCUTCHEON, Appellee.

District Court of Appeal of Florida, Second District.

March 30, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

Elizabeth P. Kagan and Allan M. Parvey of Goldberg, Rubinstein & Buckley, P.A., Fort Myers, for appellee.

RYDER, Judge.

The state appeals the trial court's order dismissing an indictment and declaring unconstitutional section 782.04(1)(a) and (4), Florida Statutes (1979). We have jurisdiction.1

McCutcheon was indicted in January 1982 pursuant to section 782.04(1)(a), Florida Statutes (1979), for the offense of first degree murder by distributing opium or a synthetic or natural salt compound derivative or preparation of opium, which...

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