STATE OF FLORIDA, PETITIONER,
v.
FORRESTINE SIMS, RESPONDENT
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The court held that the trial court erred in finding the perjury statute unconstitutional because it does not remove an element of the offense from jury consideration.
Sims was charged with perjury for lying in a deposition. The trial court found the perjury statute unconstitutional, believing it removed the element …
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SHAW, Justice.
We have for review a decision1 of the district court that cited as controlling authority State v. Ellis, 22 Fla. L. Weekly D1298, - So. 2d -, 1997 WL 268503 (Fla. 1st DCA May 22, 1997), which was then pending on review in this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418 (Fla.1981).
Sims was charged with perjury for allegedly lying in a deposition concerning her role in an armed robbery. The trial court found the perjury statute, section 837.011(3), Florida Statutes (1995), unconstitutional, reasoning that the statute removes an element of the offense, i.e., materiality, from the jury’s consideration. The district court denied certiorari based on Ellis. We have since quashed Ellis. See State v. Ellis, — So. 2d -, 1998 WL 716702, No. 90,729 (Fla. Oct.15, 1998).
We quash the decision under review.
It is so ordered. HARDING, C.J., and OVERTON, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur. . State v. Sims, No. 97-2193 (Fla. 1st DCA June 23, 1997).
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Citator
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State v. Forrestine Sims, 736 So. 2d 1219 (Fla. 1st DCA 1999)…PER CURIAM. The petition for writ of certiorari is granted, and the circuit court’s order finding section 837.011(3), Florida Statutes, to be unconstitutional, is quashed. See State v. Ellis, 723 So. 2d 187 (Fla.1998); State v. Sims, 720 So. 2d 213 (Fla.1998). ERVIN, WOLF and WEBSTER, JJ., CONCUR.…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)