STATE OF FLORIDA, APPELLANT,
v.
BREK TRABERT, DANIEL TRABERT, KAREN WOODBY AND JUDY WOODBY, APPELLEES

Fla. 2d DCA | 1994-05-18
No. 92-03355
CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.
637 So. 2d 72 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida’s so-called Hate Crimes Statute, was an unconstitutional violation of appellees’ First Amendment rights and, on that basis, struck the resulting enhancement of appellees’ sentences. Since the Florida Supreme Court has recently, in State v. Stalder, 630 So. 2d 1072 (Fla.1994), held contrary to that determination that section 775.085 does not unconstitutionally violate the First Amendment, we reverse.

CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.


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