State v. Santiago, 96-2818

Decision Date29 July 1998
Docket NumberNo. 96-2818,96-2818
Citation713 So.2d 1127
Parties23 Fla. L. Weekly D1772 STATE of Florida, Appellant, v. Reniel SANTIAGO, Appellee.
CourtFlorida District Court of Appeals

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 95-022097 CF 10A.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellant.

H. Dohn Williams, Jr. of H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellee.

PER CURIAM.

We reverse an order dismissing the charges against Appellee on the grounds that section 322.34(1)(a), Florida Statutes, is unconstitutional. The issue here is the same as that recently resolved in State v. Keirn, 23 Fla. L. Weekly D1144, --- So.2d ---- (Fla. 4th DCA May 6, 1998), in which we concluded that said statute is constitutional.

We remand for further proceedings consistent with our opinion in Keirn.

STONE, C.J., and KLEIN and GROSS, JJ., concur.

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