KEITH VIRGIL SOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The present case is before the Court on appeal from a trial court order upholding the constitutionality of section 39.04(2)(e)4. Having recently upheld this statute’s validity, State v. Cain, 381 So. 2d 1361 (Fla.1980), we find the constitutional issue to be frivolous. This case is transferred to the District Court of Appeal, Fifth District, for resolution of the remaining issues raised on appeal.
It is so ordered.
SUNDBERG, C. J., and OVERTON, ENGLAND, ALDERMAN and MCDONALD, JJ., concur. BOYD, J., concurs in part and dissents in part with an opinion.
ADKINS, J., dissents.
BOYD, Justice,
concurs in part and dissents in part.
I concur with holding the statute constitutional, but I would decide all other issues also to conserve time and judicial labor.
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Sowers v. State, 395 So. 2d 576 (Fla. 5th DCA 1981)…of the constitutional right to speedy trial, the order denying the motion for discharge is affirmed. The other points raised by appellant do not merit extended discussion and the order denying the motion to dismiss is affirmed. See Sowers v. State, 386 So. 2d 245 (Fla.1980); State v. Miller, 313 So. 2d 656 (Fla.1975); State ex rel. Register v. Safer, 368 So. 2d 620 (Fla. 1st DCA 1979). AFFIRMED. ORFINGER and UPCHURCH, JJ., concur. . We note that, given the previous two-week extension, it was on this date…
Authorities Cited
- State v. Cain, 381 So. 2d 1361 (Fla. 1980)