STATE OF FLORIDA, APPELLANT,

v.

DANNY PAUL MOOSBRUGGER, APPELLEE

Citator

Cited By

• Davis v. State, 495 So. 2d 928 (Fla. 4th DCA 1986)
  …herefore we consider them only to the extent that appellant alleges the facial unconstitutionality of the statute. See Manning v. State, 461 So. 2d 1025 (Fla. 4th DCA 1985). See also Moosbrugger v. State, 461 So. 2d 1033 (Fla. [*930] 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 unlawful tax. He contends that it is unrelated to any actual costs incurred and violates the equal pro…
• State v. Short, 483 So. 2d 10 (Fla. 2d DCA 1985)
  …State v. Jenkins, 469 So. 2d 733 (Fla.1985); State v. DeLeo, 356 So. 2d 306 (Fla.1978). Accord Leon v. State, 474 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 vague and susceptible to the same arbitrary application. We disagree. Short’s first attack on the vaguene…
• D.F. v. State, 623 So. 2d 867 (Fla. 5th DCA 1993)
  …must be reversed); Higginbotham, v. State, 19 Fla. 557 (1882) (conviction invalid where statute repealed after crime committed but before prosecution where no savings clause in statute); Moosbrugger v. State, 461 So. 2d 1033 (Fla. 2d DCA), approved, 472 So. 2d 742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 1959). . Section 39.061, Florida Statutes (1991) states: Escapes from secure detention or residential commitment facility of restrictiveness level VI or above. — An escape from any secure det…

Authorities Cited

• State v. Jenkins, 469 So. 2d 733 (Fla. 1985)
• Moosbrugger v. State, 461 So. 2d 1033 (Fla. 2d DCA 1985)