Dotson v. State, 446 So. 2d 1084

Dotson v. State

446 So. 2d 1084 | Fla. Dist. Ct. App. | 1984

Lead Opinion

PER CURIAM.

Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla.1981).

REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.

BERANEK and DELL, JJ., concur. HURLEY, J., dissents with opinion.

Dissenting Opinion

HURLEY, Judge,

dissenting:

I concur with the analysis and holding in M.P. v. State, 430 So.2d 523 (Fla. 2d DCA 1983), that Section 817.563, Florida Statutes (1981), is constitutional. Consequently, I would affirm.