District Court of Appeal of Florida July 1, 1981, No. 81-1022 (Kearns v. Korda)

ANSTEAD, Judge.

The respondent trial judge granted petitioners’ motion to dismiss on the grounds that the statute under which the petitioners were being prosecuted was unconstitutional. See generally, State v. Benitez, 395 So.2d 514 (Fla.1981). The state did not appeal. Subsequently, in Benitez, supra, the statute in question was found to be constitutional.