STATE OF FLORIDA, APPELLANT,
v.
MERCEDES ACOSTA, APPELLEE

Fla. 4th DCA | 1995-02-01
No. 94-0055
HERSEY, WARNER and KLEIN, JJ., concur.
664 So. 2d 967 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court dismissed this case after concluding that a statutory provision under which defendant was charged was facially unconstitutional. In a companion case, State v. Marcolini, 664 So. 2d 963 (Fla. 4th DCA 1995) we determined that the same provision was facially constitutional. We therefore reverse this case for the reasons expressed in Marcolini.

HERSEY, WARNER and KLEIN, JJ., concur.


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Cited By

  • Marcolini v. State, 673 So. 2d 3 (Fla. 1996)
    …WELLS, Justice. We have for review State v. Marcolini, 664 So. 2d 963 (Fla. 4th DCA 1995), and State v. Acosta, 664 So. 2d 967 (Fla. 4th DCA 1995), based on apparent conflict with MacMillan v. State, 358 So. 2d 547 (Fla.1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Marcolini was charged with theft of electricity in violation of section 812.14, Florida Statute…
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