STATE v. COOPER, 770 So.2d 727 (Fla.App. 4 Dist. 2000)

STATE OF FLORIDA, Appellant, v. BOBBY COOPER, Appellee.

No. 4D97-3448.District Court of Appeal of Florida, Fourth District.
Opinion filed November 1, 2000. JULY TERM 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry Goldstein, Judge; L.T. Case No. 97-14959 CF 10 A.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We reverse an order dismissing the charges against Appellee on the grounds that section 322.34(1)(c), Florida Statutes (1995), is unconstitutional. This issue has been resolved by the supreme court in Raulerson v. State, 763 So.2d 285 (Fla. 2000).

We remand for further proceedings consistent with this opinion.

STONE, KLEIN, and GROSS, JJ., concur.

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