Chambers v. State

District Court of Appeal of Florida

Chambers v. State

685 So. 2d 91, 1997 Fla. App. LEXIS 49, 1997 WL 1576

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 1997

DocketNo. 95-2751

StatusPublished

This text of 685 So. 2d 91 (Chambers 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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Chambers v. State, 685 So. 2d 91, 1997 Fla. App. LEXIS 49, 1997 WL 1576 (Fla. Ct. App. 1997).

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Opinion

SHAHOOD, Judge.

We affirm appellant’s conviction in all respects, finding no error in any of the issues raised on appeal. We write only to address the constitutional issue raised by appellant.

Specifically, appellant contends that section 948.01(13)(a), Florida Statutes (1993), is unconstitutional on its face as an unlawful delegation of legislative authority to an administrative agency, the Department of Corrections, in violation of article II, section 3, Florida Constitution. Recently, this court addressed this very issue and found the statute to be constitutional. See Tory v. State, No. 94-2085, — So.2d —(Fla. 4th DCA Dec. 26,1996). Accordingly, we reject appellant’s argument.

AFFIRMED.

STONE and PARIENTE, JJ., concur.

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SHAHOOD, Judge.

We affirm appellant’s conviction in all respects, finding no error in any of the issues raised on appeal. We write only to address the constitutional issue raised by appellant.

Specifically, appellant contends that section 948.01(13)(a), Florida Statutes (1993), is unconstitutional on its face as an unlawful delegation of legislative authority to an administrative agency, the Department of Corrections, in violation of article II, section 3, Florida Constitution. Recently, this court addressed this very issue and found the statute to be constitutional. See Tory v. State, No. 94-2085, — So.2d —(Fla. 4th DCA Dec. 26,1996). Accordingly, we reject appellant’s argument.

AFFIRMED.

STONE and PARIENTE, JJ., concur.

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685 So. 2d 91, 1997 Fla. App. LEXIS 49, 1997 WL 1576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chambers-v-state-fladistctapp-1997.