State v. Shaw

District Court of Appeal of Florida

State v. Shaw

693 So. 2d 582, 1997 Fla. App. LEXIS 943, 1997 WL 55666

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1997

DocketNo. 96-00753

StatusPublished

Cited by1 cases

This text of 693 So. 2d 582 (State v. Shaw) 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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State v. Shaw, 693 So. 2d 582, 1997 Fla. App. LEXIS 943, 1997 WL 55666 (Fla. Ct. App. 1997).

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Opinion

BLUE, Judge.

The State appeals the circuit judge’s order, entered after trial, declaring section 316.1935(2), Florida Statutes (1995), unconstitutional on the ground of vagueness. Based on the recent authority of State v. Barnes, [583]*583686 So.2d 633 (Fla. 2d DCA 1996), we reverse that ruling.

It is not necessary to remand this matter to the trial court for further proceedings. The only matter appealed by the State is addressed by State v. Barnes. Although the trial court entered judgment and sentence on a lesser offense based on its ruling of uneon-stitutionality, the evidence at trial did not support a conviction for the greater offense. Accordingly, we affirm the convictions and sentences as determined and imposed by the trial judge.

Ruling on constitutionality of statute reversed; judgments and sentences affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., concur.

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