King v. State

Full title: DAN KING, SR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 6, 1994

642 So. 2d 1206 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-805.

October 6, 1994.

An appeal from the Circuit Court for Bay County; Clinton Foster, Judge.

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Daniel A. David, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We reverse Appellant's conviction, vacate the sentence, and remand with directions that he be discharged under section 415.111, Florida Statutes (1991). Cuda v. State, 639 So.2d 22 (1994) (finding unconstitutional the statutory subsection under which Appellant was charged and convicted).

KAHN, MICKLE and VAN NORTWICK, JJ., concur.