Cash v. State

District Court of Appeal of Florida

Cash v. State

596 So. 2d 746, 1992 Fla. App. LEXIS 3849, 1992 WL 59223

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 1992

DocketNo. 91-1157

StatusPublished

Cited by1 cases

This text of 596 So. 2d 746 (Cash v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cash v. State, 596 So. 2d 746, 1992 Fla. App. LEXIS 3849, 1992 WL 59223 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant challenges his conviction for sexual battery on a person less than twelve years of age by a person eighteen years or older. Appellant argues, among other things, that section 90.803(23), Florida Statutes, is unconstitutional both on its face and as applied. Appellant observes that this statute was upheld as constitutional in Perez v. State, 536 So.2d 206 (Fla.1988), and Glendening v. State, 536 So.2d 212 (Fla.1988), but he asserts that the more recent decision in Idaho v. Wright, 497 U.S. 805, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990) undermines the result reached in Perez and Glendening. We disagree.

We find further that none of the other issues raised by appellant merit reversal. Accordingly, the judgment of conviction is

AFFIRMED.

SMITH, WIGGINTON and MINER, JJ., concur.

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PER CURIAM.

Appellant challenges his conviction for sexual battery on a person less than twelve years of age by a person eighteen years or older. Appellant argues, among other things, that section 90.803(23), Florida Statutes, is unconstitutional both on its face and as applied. Appellant observes that this statute was upheld as constitutional in Perez v. State, 536 So.2d 206 (Fla.1988), and Glendening v. State, 536 So.2d 212 (Fla.1988), but he asserts that the more recent decision in Idaho v. Wright, 497 U.S. 805, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990) undermines the result reached in Perez and Glendening. We disagree.

We find further that none of the other issues raised by appellant merit reversal. Accordingly, the judgment of conviction is

AFFIRMED.

SMITH, WIGGINTON and MINER, JJ., concur.

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596 So. 2d 746, 1992 Fla. App. LEXIS 3849, 1992 WL 59223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cash-v-state-fladistctapp-1992.

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