Florida District Courts of Appeal, 1984

Dotson v. State

Dotson v. State
Florida District Courts of Appeal · Decided January 18, 1984 · Beranek, Dell, Hurley
446 So. 2d 1084; 1984 Fla. App. LEXIS 11336 (Southern Reporter, Second Series)

Dotson v. State

Opinion of the Court

PER CURIAM.

Defendant’s conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla. 1981).

REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.

BERANEK and DELL, JJ., concur. HURLEY, J., dissents with opinion.

Dissenting Opinion

HURLEY, Judge,

dissenting:

I concur with the analysis and holding in M.P. v. State, 430 So.2d 523 (Fla. 2d DCA 1983), that Section 817.563, Florida Statutes (1981), is constitutional. Consequently, I would affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.