State v. Trabert

District Court of Appeal of Florida

State v. Trabert

637 So. 2d 72, 1994 Fla. App. LEXIS 4936, 1994 WL 195494

District Court of Appeal of Florida·Decided May 18, 1994·No. No. 92-03355·Published

Opinion

PER CURIAM.

In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida’s so-called Hate Crimes Statute, was an unconstitutional violation of appellees’ First Amendment rights and, on that basis, struck the resulting enhancement of appellees’ sentences. Since the Florida Supreme Court has recently, in State v. Stalder, 630 So.2d 1072 (Fla.1994), held contrary to that determination that section 775.085 does not unconstitutionally violate the First Amendment, we reverse.

CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.

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PER CURIAM.

In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida’s so-called Hate Crimes Statute, was an unconstitutional violation of appellees’ First Amendment rights and, on that basis, struck the resulting enhancement of appellees’ sentences. Since the Florida Supreme Court has recently, in State v. Stalder, 630 So.2d 1072 (Fla.1994), held contrary to that determination that section 775.085 does not unconstitutionally violate the First Amendment, we reverse.

CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.

State v. Trabert, 637 So. 2d 72, 1994 Fla. App. LEXIS 4936, 1994 WL 195494 (Fla. Ct. App. 1994).

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Opinion

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