Ziegler v. State, No. 97-2918.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation737 So.2d 1106
Docket NumberNo. 97-2918.
Decision Date09 September 1998
PartiesMadison Morgan ZIEGLER, Appellant, v. STATE of Florida, Appellee.

737 So.2d 1106

Madison Morgan ZIEGLER, Appellant,
v.
STATE of Florida, Appellee.

No. 97-2918.

District Court of Appeal of Florida, First District.

September 9, 1998.


John P. DuBose, Pensacola, for appellant.

Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

The matters raised by this appeal are moot in light of this court's decision in Ziegler v. State, 708 So.2d 351 (Fla. 1st DCA 1998). See Mermel v. Rifkin, 603 So.2d 595, 596 (Fla. 3d DCA 1992). The appeal is dismissed.

BARFIELD, C.J., and WOLF and DAVIS, JJ., concur.

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3 practice notes
  • Morris v. State, No. 1D99-4286.
    • United States
    • Court of Appeal of Florida (US)
    • May 29, 2001
    ...(1997), which we have construed to exclude anything specifically prohibited by some other statutory provision. See Burnett v. State, 737 So.2d 1106, 1107 (Fla. 1st DCA 1998). Exposing adult genitalia to a child has been held to violate section 800.04(4), Florida Statutes (1997). See Roberts......
  • State v. Croy, No. 1D01-1357.
    • United States
    • Court of Appeal of Florida (US)
    • March 20, 2002
    ...be construed to exclude conduct made criminal by a more specific statute that prescribes less serious punishment, see Burnett v. State, 737 So.2d 1106, 1107 (Fla. 1st DCA 1998); contra Seybel v. State, 693 So.2d 678, 679 (Fla. 4th DCA 1997), the Adams decision rests on canons of statutory c......
  • State v. Maloy, No. 1D02-1200.
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 2002
    ...might also be circumscribed by more general criminal provisions. See Adams v. Culver, 111 So.2d 665 (Fla.1959); Burnett v. State, 737 So.2d 1106 (Fla. 1st DCA 1998); see also State v. Croy, 813 So.2d 993 (Fla. 1st DCA 2002). This also accords with the rule of lenity, which instructs that cr......
3 cases
  • Morris v. State, No. 1D99-4286.
    • United States
    • Court of Appeal of Florida (US)
    • May 29, 2001
    ...(1997), which we have construed to exclude anything specifically prohibited by some other statutory provision. See Burnett v. State, 737 So.2d 1106, 1107 (Fla. 1st DCA 1998). Exposing adult genitalia to a child has been held to violate section 800.04(4), Florida Statutes (1997). See Roberts......
  • State v. Croy, No. 1D01-1357.
    • United States
    • Court of Appeal of Florida (US)
    • March 20, 2002
    ...be construed to exclude conduct made criminal by a more specific statute that prescribes less serious punishment, see Burnett v. State, 737 So.2d 1106, 1107 (Fla. 1st DCA 1998); contra Seybel v. State, 693 So.2d 678, 679 (Fla. 4th DCA 1997), the Adams decision rests on canons of statutory c......
  • State v. Maloy, No. 1D02-1200.
    • United States
    • Court of Appeal of Florida (US)
    • July 16, 2002
    ...might also be circumscribed by more general criminal provisions. See Adams v. Culver, 111 So.2d 665 (Fla.1959); Burnett v. State, 737 So.2d 1106 (Fla. 1st DCA 1998); see also State v. Croy, 813 So.2d 993 (Fla. 1st DCA 2002). This also accords with the rule of lenity, which instructs that cr......

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