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STATE v. THOMAS

Nos. AM-481, AM-482.

428 So.2d 327 (1983)

STATE of Florida, Appellant, v. Harry V. THOMAS/Hubert D. Williams, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 6, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellant.

Louis O. Frost, Jr., Public Defender and James T. Miller, Asst. Public Defender, Jacksonville, for appellees.

SHIVERS, Judge.

Appellees Thomas and Williams were charged with violations of section 817.563, Fla. Stat. (1981).1 The State appeals the orders of the trial court granting appellees' motions to dismiss on the ground that section 817.563 is unconstitutional. Appellant argues that the legislature, in defining this crime, may properly dispense with the element of specific intent in regard to a defendant's knowledge of the nature of the substance...

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