STATE OF FLORIDA, APPELLANT,
v.
EMIL GATTO, APPELLEE
STATE OF FLORIDA, APPELLANT,
EMIL GATTO, APPELLEE
516 So. 2d 289
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s order dismissing the bookmaking charges against the appellant on the basis that the bookmaking statute, section 849.25, Florida Statutes (1985), was unconstitutional as applied to appellant, on the authority of State v. Cogswell, 504 So. 2d 464 (Fla. 4th DCA 1987). We also note that the legislature amended the bookmaking statute, effective October 1,1987, to cure the problem which concerned this court in Cogswell.
HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Emil Gatto, 528 So. 2d 6 (Fla. 4th DCA 1988)…THE COURT: ORDERED that Appellant’s March 10, 1988 motion to withdraw opinion of November 25, 1987, 516 So. 2d 289, is granted. The order of the trial court is reversed and this cause is remanded to the trial court with directions for further proceedings in accord with State v. Cogswell, 521 So. 2d 1081 (Fla.1988).…
-
State v. Bonsignore, 522 So. 2d 420 (Fla. 5th DCA 1988)…forbidden in the misdemeanor statutes are the placing of a bet and the holding of the stakes of others’ bets. Neither of these acts are taking or receiving. The statute is not unconstitutional. We certify conflict with Cogswell and State v. Gatto, 516 So. 2d 289 (Fla. 4th DCA 1987). The order is reversed and this cause remanded for completion of the prosecution. REVERSED. ORFINGER and COBB, JJ., concur.…
Authorities Cited
- Elton M. Cary v. Wolfson, 504 So. 2d 464 (Fla. 3d DCA 1987)
- State v. Cogswell, 504 So. 2d 464 (Fla. 4th DCA 1987)