Garcia v. State

District Court of Appeal of Florida

Garcia v. State

651 So. 2d 1300, 1995 Fla. App. LEXIS 2634, 1995 WL 111245

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1995

DocketNo. 94-01756

StatusPublished

Cited by1 cases

This text of 651 So. 2d 1300 (Garcia 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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Garcia v. State, 651 So. 2d 1300, 1995 Fla. App. LEXIS 2634, 1995 WL 111245 (Fla. Ct. App. 1995).

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Opinion

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 [1301]*1301So.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.

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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 [1301]*1301So.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.

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651 So. 2d 1300, 1995 Fla. App. LEXIS 2634, 1995 WL 111245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-state-fladistctapp-1995.

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