Garcia v. State

Full title: MARIANA GARCIA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Mar 17, 1995

651 So. 2d 1300 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-01756.

March 17, 1995.

Appeal from the Circuit Court, Pasco County, Maynard F. Swanson, Jr., J.

Robert E. Jagger, Public Defender, and Dean N. Livermore, Asst. Public Defender, Dade City, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Helene S. Parnes, Asst. Atty. Gen., Tampa, for appellee.

FULMER, Judge.

The defendant, Mariana Garcia, appeals the judgment and sentence imposed for exploitation of an aged person and disabled adult, in violation of section 415.111(5), Florida Statutes (1991). On June 30, 1994, the supreme court found section 415.111(5) to be unconstitutionally vague. Cuda v. State, 639 So.2d 22 (Fla. 1994). Accordingly, we reverse the defendant's conviction, vacate the sentence and remand with directions that the defendant be discharged. See, e.g., King v. State, 642 So.2d 1206 (Fla. 1st DCA 1994); cf. Martinez v. Scanlan, 582 So.2d 1167, 1174 (Fla. 1991) (a penal statute declared unconstitutional is inoperative from the time of its enactment).

SCHOONOVER, A.C.J., and THREADGILL, J., concur.