STATE OF FLORIDA, APPELLANT,
v.
DAWN M. GILBERT, JOHN PAUL STORY, DECARLO JOHNSON, APPELLEES
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NORTHCUTT, Judge.
In three separate Polk County cases, Dawn Gilbert, John Paul Story, and Decar-lo Johnson were charged with failure to redeliver leased property, a third-degree felony in violation of section 812.155, Florida Statutes (2002). The circuit court dismissed each case based on the defense argument that the statute is a prohibited special law and therefore unconstitutional. The State timely appeals and argues that section 812.155 is not a prohibited special law and is, therefore, constitutional. In related cases, this court recently agreed with the State’s position and held that the statute is constitutional. State v. Rose, 876 So. 2d 1240 (Fla. 2d DCA 2004) (reversing dismissal of criminal charges). Based on Rose, we reverse the dismissal of criminal charges against Gilbert, Story, and Johnson.
Reversed and remanded.
SALCINES and COVINGTON, JJ., concur.
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Byrum v. Unemployment Appeals Comm'n & Virtom Corp. of Fla., Inc., 920 So. 2d 184 (Fla. 2d DCA 2006)…t compensation benefits). Because Virtom Corporation failed to present evidence that these nine absences were unauthorized, there was no competent, substantial evidence to support a finding of misconduct. See Hamilton v. Unemployment Appeals Comm’n, 880 So. 2d 1284, 1286-87 (Fla. 2d DCA 2004); Franklin v. Unemployment Appeals Comm’n, 841 So. 2d 682, 685 (Fla. 2d DCA 2003); Howell v. Fla. Unemployment Appeals Comm’n, 802 So. 2d 1177, 1179 (Fla. 2d DCA 2001). There was evidence that Mr. By-rum was absent from w…
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State v. Monroe, 888 So. 2d 763 (Fla. 2d DCA 2004)…ion after finding that the statute was unconstitutional because- it created a special law. The State appeals this order, and we reverse. This court has recently reversed identical orders and held that the statute is constitutional. State v. Gilbert, 880 So. 2d 1284 (Fla. 2d DCA 2004); State v. Rose, 876 So. 2d 1240 (Fla. 2d DCA 2004). Based on Gilbert and Rose, we reverse the order dismissing the information. Reversed and remanded. SALCINES and SILBERMAN, JJ., concur.…
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- State v. Rose, 876 So. 2d 1240 (Fla. 2d DCA 2004)