C.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the escape statute, section 39.061, Florida Statutes (Supp.1990), was unconstitutional, reversing the adjudication of delinquency.
C.S. was adjudicated delinquent for escape under section 39.061, Florida Statutes (Supp.1990). The constitutionality of this statute was challenged.…
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PER CURIAM.
C.S. appeals his adjudication as delinquent for escape, challenging the trial court’s conclusion that the escape statute, section 39.-061, Florida Statutes (Supp.1990), was constitutional. We reverse.
The First District, the first appellate court to address the constitutionality of that version of the escape statute, held that the statute was unconstitutional. D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). This court followed D.P. in State v. Brower, 608 So. 2d 536 (Fla. 2d DCA 1992). The Fourth District also concluded that the escape statute was unconstitutional. See State v. Davis, 619 So. 2d 517 (Fla. 4th DCA 1993). The only district court which has held the statute constitutional is the Fifth District in B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993), review granted, 632 So. 2d 1025 (Fla.1994) and its progenies.
We, accordingly, reverse based upon D.P. and Brower and direct the trial court to discharge C.S. from his adjudication of delinquency based upon escape. We also certify conflict with the Fifth District.
RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.
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M.S.P. v. State, 640 So. 2d 1202 (Fla. 2d DCA 1994)…PER CURIAM. Reversed. C.S. v. State, 638 So. 2d 212 (Fla. 2d DCA 1994). As in C.S., we certify conflict with B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993), review granted, 632 So. 2d 1025 (Fla.1994). RYDER, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.…
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State v. C.S., 647 So. 2d 844 (Fla. 1995)…PER CURIAM. We have for review C.S. v. State, 638 So. 2d 212 (Fla. 2d DCA 1994), based on certified conflict with B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993), aff'd in part, 645 So. 2d 987 (Fla.1994). We have jurisdiction, art. V, § 3(b)(4), Fla. Const., quash the decision below, and remand for reconsid…
Authorities Cited
- B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993)
- In the Interest of B.H. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- State v. Chauncey Davis, 619 So. 2d 517 (Fla. 4th DCA 1993)
- State v. Brower, 608 So. 2d 536 (Fla. 2d DCA 1992)
- Stewart v. State, 608 So. 2d 536 (Fla. 2d DCA 1992)