
    Joseph J. LAMBUSTA, Appellant, v. STATE of Florida, Appellee.
    Nos. 76-2477, 76-2495.
    District Court of Appeal of Florida, Fourth District.
    Dec. 13, 1977.
    Rehearing Denied Jan. 17, 1978.
    Larry M. Roth of Rutberg & Roth, Cas-selberry, for appellant.
    Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.
   LETTS, Judge.

From an examination of the record and briefs in this cause, the court determines that the Circuit Court passed upon the constitutionality of Florida Statute 812.10 (1973).

Accordingly, because the Circuit Court’s ruling has been preserved and presented on appeal, we hereby transfer jurisdiction of this appeal to the Supreme Court pursuant to the authority of Article V, Section 3(b)l of the Florida Constitution and in accordance with Florida Appellate Rule 2.1(5)(d).

ANSTEAD, J., concurs.

CROSS, J., dissents, with opinion.

CROSS, Judge,

dissenting:

I respectfully dissent.

The record is totally devoid of an order of the trial court passing directly upon the validity of § 812.10, Florida Statutes. Thus, jurisdiction over the appeal does not vest in the Florida Supreme Court. Accordingly, I would retain jurisdiction of this case.  