Opinion
No. 80-830.
September 23, 1981.
Appeal from Circuit Court, Broward County; Leroy H. Moe, Judge.
Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.
No appearance by appellee.
The trial court's order of April 29, 1980, 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 for further proceedings.
LETTS, C.J., and GLICKSTEIN and HURLEY, JJ., concur.