State v. Richards, 80863
Decision Date | 02 June 1994 |
Docket Number | No. 80863,80863 |
Citation | 638 So.2d 44 |
Parties | 19 Fla. L. Weekly S298 STATE of Florida, Appellant, v. Bryan K. RICHARDS, Appellee. |
Court | Florida 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.
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.
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Richards v. State, 90-2912
...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......