STATE OF FLORIDA, APPELLANT,
v.
MARYLEE MANFREDONIA AND JAMES D. SLAYTON, APPELLEES

Fla. 2d DCA | 1993-12-22
No. 93-01162
RYDER, A.C.J., and THREADGILL, J., concur.
629 So. 2d 306 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 2 cases

Opinion of the Court
CAMPBELL, Judge.

CAMPBELL, Judge.

In this appeal, the state challenges two trial court orders, one as to each appellee, that found section 856.015, Florida Statutes (1991) unconstitutional on the grounds of vagueness. That section makes it a second degree misdemeanor for an adult to fail to take reasonable steps to prevent the possession or consumption by minors of alcohol or drugs at that adult’s residence.

Having found the state’s appeal as to appellee Manfredonia untimely, we dismiss the appeal as to her. However, we affirm the trial court’s dismissal of the charges as to appellee Slayton and adopt and follow the reasoning of our colleagues in State v. Alves, 610 So. 2d 591 (Fla. 5th DCA 1992).

RYDER, A.C.J., and THREADGILL, J., concur.


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  • …ANSTEAD, Justice. We have on appeal State v. Manfredonia, 629 So. 2d 306 (Fla. 2d DCA 1993), in which the district court declared section 856.015, Florida Statutes (1991), unconstitutionally vague. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. James Slayton and Mary Manfredonia were charged in unrelated eases wit…
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