STATE OF FLORIDA, APPELLANT,
v.
BARRY BARNES, ET AL., APPELLEES

Fla. 1st DCA | 1981-10-13
No. WW-37
SHIVERS, SHAW and WENTWORTH, JJ., concur.
404 So. 2d 422 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the Circuit Court granting appellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional is reversed, and the cause remanded for further proceedings not inconsistent with State v. Benitez, 395 So. 2d 514 (Fla.1981).

SHIVERS, SHAW and WENTWORTH, JJ., concur.


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  • Williams v. State, 431 So. 2d 308 (Fla. 1st DCA 1983)
    …arging Barnes for related offenses in Leon. After the new information was dismissed upon the circuit court’s judgment that the statute on which the charges were predicated was unconstitutional, and this court reversed that judgment, State v. Barnes, 404 So. 2d 422 (Fla. 1st DCA 1981), Barnes failed to appear as ordered before the circuit court, in Leon County, and on the State’s motion the court declared the bonds forfeited. Chief Judge Willis’ order carefully addresses and finally rejects the sureties’ con…

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