State v. Moosbrugger, 66450

Decision Date03 July 1985
Docket NumberNo. 66450,66450
Citation10 Fla. L. Weekly 362,472 So.2d 742
Parties10 Fla. L. Weekly 362 STATE of Florida, Appellant, v. Danny Paul MOOSBRUGGER, Appellee.
CourtFlorida Supreme Court

An Appeal from the District Court of Appeal, Second District Statutory or Constitutional Invalidity Case No. 84-740.

Jim Smith, Atty. Gen. and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellant.

Jesse J. Bennett, Jr. of Bennett and Bennett, Winter Haven, for appellee.

PER CURIAM.

We approve the decision of the Second District Court of Appeal reported as Moosbrugger v. State, 461 So.2d 1033 (Fla.2d DCA 1985), on the authority of our decision in State v. Jenkins, 469 So.2d 733 (Fla.1985).

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.

ALDERMAN, J., dissents.

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5 cases
  • State v. Short, 85-382
    • United States
    • Florida District Court of Appeals
    • October 25, 1985
    ...So.2d 832 (Fla. 2d DCA 1985), clarified on rehearing, (Aug. 30, 1985); Moosbrugger v. State, 461 So.2d 1033 (Fla. 2d DCA), approved, 472 So.2d 742 (Fla.1985). In light of these precedents, Short urges that, because of its "catch-all" language, subsection (b) is likewise unconstitutionally v......
  • D.T.M. v. Judd
    • United States
    • Florida District Court of Appeals
    • June 5, 2020
    ...of a statute may be raised for the first time on appeal." (citing Trushin v. State, 425 So. 2d 1126 (Fla. 1983) )), approved, 472 So. 2d 742 (Fla. 1985). D.T.M.’s argument that section 790.401 impermissibly delegates legislative authority to the executive and the judiciary in violation of a......
  • Davis v. State, 4-86-0664
    • United States
    • Florida District Court of Appeals
    • October 15, 1986
    ...See Manning v. State, 461 So.2d 1025 (Fla. 4th DCA 1985). See also Moosbrugger v. State, 461 So.2d 1033 (Fla. 2d DCA), aff'd, 472 So.2d 742 (Fla.1985). We conclude that the statute is not unconstitutional. Appellant argues that the cost assessment in the statute is unreasonable and an unlaw......
  • D.F. v. State, 92-2199
    • United States
    • Florida District Court of Appeals
    • September 17, 1993
    ...committed but before prosecution where no savings clause in statute); Moosbrugger v. State, 461 So.2d 1033 (Fla. 2d DCA), approved, 472 So.2d 742 (Fla.1985); Sing v. State, 115 So.2d 773 (Fla. 1st DCA 1 Section 39.061, Florida Statutes (1991) states:Escapes from secure detention or resident......
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