Opinion
No. 81-274.
September 2, 1981.
Appeal from Circuit Court, Broward County; Russell E. Seay, Jr., Judge.
Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.
No brief filed for appellees.
The trial court's order of January 28, 1981, nunc pro tunc January 26, 1981, which declared Section 893.135, Florida Statutes (1979), to be unconstitutional and, thereupon, dismissed the information, is reversed upon the authority of State v. Benitez, 395 So.2d 514 (Fla. 1981).
REVERSED and REMANDED.
BERANEK, HERSEY and GLICKSTEIN, JJ., concur.