Miller v. State

Florida Circuit Courts

Miller v. State

22 Fla. Supp. 2d 151

CourtCircuit Court for the Judicial Circuits of Florida

DecidedFebruary 3, 1987

DocketCase No. 84-251 AC (County Court Case No. 84-70118)

StatusPublished

This text of 22 Fla. Supp. 2d 151 (Miller v. State) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. State, 22 Fla. Supp. 2d 151 (Fla. Super. Ct. 1987).

Pincite

Opinion

OPINION OF THE COURT

PER CURIAM.

This matter comes before the Court on Appellant’s claim that the lower Court erred in refusing to grant Appellant a jury trial; refusing to find entrapment as a matter of law or fact and that the lower Court erred in the imposition of sentence.

We find the overriding issue being that of whether the Appellant was [152]*152entitled to a jury trial and answer that question in the affirmative, relying on the Florida Supreme Court’s pronouncements in Whirley v. State, 450 So.2d 836 (Fla. 1984) and Reed v. State, 470 So.2d 1382 (Fla. 1985).

It is the finding of this Court that the issue of prostitution is one of moral turpitude and should be resolved in trial by jury.

Having decided that issue, we do not find it necessary to decide the other issues in this case at this time. Consequently, this case is Reversed and Remanded to the lower Court for trial by jury.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

PER CURIAM.

This matter comes before the Court on Appellant’s claim that the lower Court erred in refusing to grant Appellant a jury trial; refusing to find entrapment as a matter of law or fact and that the lower Court erred in the imposition of sentence.

We find the overriding issue being that of whether the Appellant was [152]*152entitled to a jury trial and answer that question in the affirmative, relying on the Florida Supreme Court’s pronouncements in Whirley v. State, 450 So.2d 836 (Fla. 1984) and Reed v. State, 470 So.2d 1382 (Fla. 1985).

It is the finding of this Court that the issue of prostitution is one of moral turpitude and should be resolved in trial by jury.

Having decided that issue, we do not find it necessary to decide the other issues in this case at this time. Consequently, this case is Reversed and Remanded to the lower Court for trial by jury.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

22 Fla. Supp. 2d 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-flacirct-1987.

Opinion

Related

Cite This Page — Counsel Stack