State v. Rizzitello

District Court of Appeal of Florida

State v. Rizzitello

661 So. 2d 136, 1995 Fla. App. LEXIS 10675, 1995 WL 594953

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 1995

DocketNo. 94-2405

StatusPublished

This text of 661 So. 2d 136 (State v. Rizzitello) 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.

Bluebook

State v. Rizzitello, 661 So. 2d 136, 1995 Fla. App. LEXIS 10675, 1995 WL 594953 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

The state appeals from the trial court’s dismissal of its information charging appellee with a violation of section 856.015, Florida Statutes (1993). The trial court based the dismissal upon its holding that the statute is unconstitutionally vague. The supreme court, however, has since declared section 856.015 constitutional. State v. Manfredonia, 649 So.2d 1388 (Fla.1995). In light of Manfredonia, appellee concedes error.

Accordingly, we reverse the order dismissing the information and remand to the trial court with instructions to reinstate the charge against appellee.

REVERSED and REMANDED.

DELL, KLEIN and STEVENSON, JJ., concur.

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