State v. Richards, 80863

Decision Date02 June 1994
Docket NumberNo. 80863,80863
Citation638 So.2d 44
Parties19 Fla. L. Weekly S298 STATE of Florida, Appellant, v. Bryan K. RICHARDS, Appellee.
CourtFlorida Supreme Court

An Appeal from the District Court of Appeal--Statutory or Constitutional Invalidity, Third District--No. 90-2912.

Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for appellant.

No appearance for appellee.

SHAW, Justice.

The State of Florida appeals the decision of the district court of appeal in Richards v. State, 608 So.2d 917 (Fla. 3d DCA 1992). The district court declared a state statute unconstitutional. Therefore, we have jurisdiction of the state's appeal. Art. V, Sec. 3(b)(1), Fla. Const.

On the authority of our decision in State v. Stalder, 630 So.2d 1072 (Fla.1994), in which the issue presented here was decided, we reverse the decision of the district court of appeal and remand for further proceedings consistent with our opinion in Stalder.

It is so ordered.

GRIMES, C.J., OVERTON, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.

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    • Florida Supreme Court
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    ... ... During the trial, Richardson reached an agreement with the State. He pled guilty to being an accessory after the fact and testified against Hannon. Hannon was found ... ...
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    • United States
    • Florida District Court of Appeals
    • 5 Octubre 1994
    ...the decision of the district court of appeal and remand for further proceedings consistent with our opinion in Stalder." State v. Richards, 638 So.2d 44 (Fla.1994). In Stalder, the Court upheld the constitutionality of Section 775.085, Florida Statutes (1991), against an attack that the sta......
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