MARK D. SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Mendez, 98 So. 3d 604 (Fla. 4th DCA 2012)
  …onstitutional challenges to a board’s licensing and testing procedures were not ripe for review “in the absence of an actual controversy between the parties,” as “the Board has neither tested appellant nor denied him a license”); cf. State v. Higby, 899 So. 2d 1269 (Fla. 2d DCA 2005) (after reversing the dismissal of criminal charges on a facial constitutional challenge, noting that any as-applied challenge would depend on the particular facts developed below); Shands v. City of Marathon, 999 So. 2d 718, 725 (…
• State v. Green, 902 So. 2d 352 (Fla. 2d DCA 2005)
  …fford Lavond Green’s motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2002). We reverse and remand for further proceedings in accordance with our recent decision in State v. Higby, 899 So. 2d 1269 (Fla. 2d DCA 2005) (holding that trial court erred by identifying section 812.155(4)(b) as mandatory presumption when it is permissive inference). See also State v. Rygwelski, 899 So. 2d 498 (Fla. 2d DCA 2005). ALTENBERND, C.J., and WHATLEY and La…

Authorities Cited

• State v. Causey, 503 So. 2d 321 (Fla. 1987)