Wander v. State

COBB, Chief Judge.

The defendant, Roy Wander, was charged with trafficking in cocaine in March, 1983. He moved to dismiss, challenging the constitutionality of section 893.-135(l)(b), Florida Statutes (1983). The motion was granted by the trial judge in an order filed March 28, 1983, which stated that the ground of the dismissal was unconstitutionality of the statute.

The state appealed the dismissal order. While the appeal was pending, the state filed a notice of voluntary dismissal, stating in the notice that it intended to refile the information. Based on the notice, this court dismissed the…