SILVIO F. REYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2005-04-26
No. 5D05-906
PETERSON, MONACO and TORPY, JJ., concur.
899 So. 2d 1269 Florida District Court of Appeal, Fifth District (2005) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002).

PETERSON, MONACO and TORPY, JJ., concur.


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  • …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…

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