STATE OF FLORIDA, APPELLANT,
v.
MAX KESSLER, ARNOLD HECHT, AND BARDO, INC., APPELLEES

Fla. 4th DCA | 1993-09-22
No. 92-2356
GLICKSTEIN, FARMER and KLEIN, JJ., concur.
626 So. 2d 251 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

[*252] PER CURIAM.

The trial court’s order being appealed dismissed Counts I and II of the information against appellees, and rejected appellant’s contention that lewdness and assignation under section 796.07, Florida Statutes (1989), were predicates to support a RICO prosecution pursuant to chapter 895, Florida Statutes. The trial court did not accept appellant’s position that the phrase “relating to prostitution” in section 895.02(l)(a)(16), Florida Statutes (1989), included lewdness and assignation. We agree and affirm.

GLICKSTEIN, FARMER and KLEIN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Bradenton Grp., Inc. v. Dep't of Legal Affairs, 701 So. 2d 1170 (Fla. 5th DCA 1997)
    …nses in order to create a RICO violation. They urge that the courts should not be receptive to artful pleading when establishing RICO predicate acts of racketeering. State v. Sun City Oil Co., 522 So. 2d 474 (Fla. 5th DCA 1988) and State v. Kessler, 626 So. 2d 251 (Fla. 4th DCA 1993), review denied, 634 So. 2d 627 (Fla.1994). However contrived the state’s theory, it either succeeds or fails on the question whether any of the allegations of illegal activity set forth in the complaint constitute a violation of…
  • State v. Rubio, 917 So. 2d 383 (Fla. 5th DCA 2005)
    …an advance fee from borrower and loan broker fraud were not predicates to support RICO prosecution for committing crime “relating to interest and usurious practices” as offenses did not “relate to” interest and usurious practices); State v. Kessler, 626 So. 2d 251 (Fla. 4th DCA 1993), rev. denied, 634 So. 2d 627 (Fla.1994) (lewdness and assignation were not predicates to support RICO prosecution for committing crime “relating to prostitution”). White Collar Crime In count 130, the defendants were charged wi…
  • Bordo, Inc. v. State, 627 So. 2d 561 (Fla. 4th DCA 1993)
    …t denied the petitions in their entirety.11 We address only the statutory failings. Since oral argument in these cases, we have affirmed the dismissal of the RICO counts against appellants and the owners of these stores. In State v. Kessler et al., 626 So. 2d 251 (Fla. 4th DCA 1993), we affirmed the dismissal of the RICO counts upon a holding that the RICO statute does not apply to lewdness violations. The effect of the dismissal of the RICO counts is to remove any felony as a basis for the search warrant. T…

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