JOHN MORRISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1995-03-29
No. 94-1194
DELL, C.J., and WARNER and PARIENTE, JJ., concur.
658 So. 2d 1038 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant challenges the constitutionality of section 784.048, Florida Statutes (Supp.1992), the “anti-stalking statute.”

We have previously held this statute to be constitutional. See State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA), review granted, 652 So. 2d 817 (Fla.1995).

Affirmed.

DELL, C.J., and WARNER and PARIENTE, JJ., concur.


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    …L.Ed.2d 162 (1970), expressly provide the trial court with the [*1091] discretion to accept or reject negotiated, no contest and Alford, or so-called “best interest,” pleas. See rules 3.170, 3.171 and 3.172, Fla.R.Crim.P. (1995); Rigabar v. Broome, 658 So. 2d 1038 (Fla. 4th DCA 1995) (citing Brown v. State, 367 So. 2d 616 (Fla.1979), and explaining that the trial court has the discretion to reject a negotiated plea). The refusal to consider no contest and Alford pleas would be in direct contravention of this…
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    …tice.” REVERSED and REMANDED, with directions. BOOTH, MINER and WEBSTER, JJ., concur. * Pleas of convenience, often referred to as “best interest” pleas, are permitted in Florida. Fla. R.Crim.P. 3.172(d) & Committee Notes. See Rigabar v. Broome, 658 So. 2d 1038 (Fla. 4th DCA 1995) ("best interest” guilty plea amounts to plea of guilty without condition or qualification, absent concessions by state or conditions binding defendant, as in the case of a negotiated plea).…
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