R.J.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
R.J.H., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
779 So. 2d 391
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
DAVIS, Judge.
R.J.H. appeals the trial court’s adjudication of delinquency for violating Tampa’s juvenile curfew ordinance. See Tampa, Fla., Code § 14-26(c) (1996). We reject R.J.H.’s contention that the ordinance is unconstitutional and affirm under the authority of J.P. v. State, 775 So. 2d 324 (Fla. 2d DCA 2000), and State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000).
We again certify the following questions of great public importance:
WHAT LEVEL OF SCRUTINY MUST .A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?
WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL?
Affirmed.
CASANUEVA, J., concurs.
NORTHCUTT, A.C.J., dissents with opinion.
Dissent
NORTHCUTT, J.,
dissenting.
I respectfully dissent. See State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000) (Northcutt, J., dissenting).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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R.J.H. v. State, 788 So. 2d 952 (Fla. 2001)…PER CURIAM. We have for review R.J.H. v. State, 779 So. 2d 391 (Fla. 2d DCA 2000), in which the Second District Court of Appeal certified the following questions to be of great public importance: WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE? WHE…
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R.J.H. v. State, 832 So. 2d 117 (Fla. 2d DCA 2002)…ordinance. See Tampa, Fla. Code § 14-26(c) (1996). He argues that the ordinance is unconstitutional. This court previously rejected his argument and affirmed the trial court’s determination that the ordinance was constitutional. See R.J.H. v. State, 779 So. 2d 391 (Fla. 2d DCA 2000), quashed, 788 So. 2d 952 (Fla.2001). In affirming the trial court, this court applied the heightened scrutiny test. See State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000), quashed, 784 So. 2d 442 (Fla.2001). However, this court als…
Authorities Cited
- Tenet Healthcare Corp. v. Hialeah-Miami Springs Med. Fund, 761 So. 2d 1140 (Fla. 3d DCA 2000)
- State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000)
- J.P. v. State, 775 So. 2d 324 (Fla. 2d DCA 2000)