Florida District Courts of Appeal, 1995

State v. Rizzitello

State v. Rizzitello
Florida District Courts of Appeal · Decided October 11, 1995 · Dell, Klein, Stevenson
661 So. 2d 136; 1995 Fla. App. LEXIS 10675; 1995 WL 594953 (Southern Reporter, Second Series)

State v. Rizzitello

Opinion of the Court

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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