COOPER v. STATE, 367 So.2d 1020 (Fla. 1979)

FRED G. COOPER, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 53438.Supreme Court of Florida.
February 8, 1979.

Appeal from Circuit Court, Leon County; John A. Rudd, Judge.

Judith J. Dougherty, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and George R. Georgieff and Charles W. Musgrove, Asst. Attys. Gen., Tallahassee, for appellee.

PER CURIAM.

No substantial constitutional question has been raised as to the constitutionality of section 856.04, Florida Statutes (1977); accordingly, this case is transferred to the First District Court of Appeal.

It is so ordered.

ENGLAND, C.J., and BOYD, OVERTON, HATCHETT and ALDERMAN, JJ., concur.

ADKINS and SUNDBERG, JJ., dissent.