Florida District Courts of Appeal, 1995

Garcia v. State

Florida District Courts of Appeal · Decided March 17, 1995 · Fulmer, Schoonover, Threadgill

651 So. 2d 1300; 1995 Fla. App. LEXIS 2634; 1995 WL 111245 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Ayres v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

FULMER, Judge.

The defendant, Mariana Garcia, appeals the judgment and sentence imposed for exploitation of an aged person and disabled adult, in violation of section 415.111(5), Florida Statutes (1991). On June 30, 1994, the supreme court found section 415.111(5) to be unconstitutionally vague. Cuda v. State, 639 *1301So.2d 22 (Fla. 1994). Accordingly, we reverse the defendant’s conviction, vacate the sentence and remand with directions that the defendant be discharged. See, e.g., King v. State, 642 So.2d 1206 (Fla. 1st DCA 1994); cf. Martinez v. Scanlan, 582 So.2d 1167, 1174 (Fla. 1991) (a penal statute declared unconstitutional is inoperative from the time of its enactment).

SCHOONOVER, A.C.J., and THREADGILL, J., concur.

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