District Court of Appeal of Florida January 27, 1971, Nos. 70-530 and 70-586 (Franklin v. State)

PER CURIAM.

Since these two cases grew out of the same set of facts and the same alleged offense, they have been consolidated for the purpose of this appeal.

It appears that this court lacks jurisdiction since the trial court was called upon and did pass upon the constitutionality of Section 800.01, Florida Statutes, F.S.A. Pursuant to Article V, Section 4(2), Florida Constitution, F.S.A.