Supreme Court of Florida, 1991

Hicks v. State

Supreme Court of Florida · Decided January 3, 1991 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

572 So. 2d 1378; 16 Fla. L. Weekly Supp. 39; 1991 Fla. LEXIS 5; 1991 WL 1363 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Palmieri v. State (Fla. 1991)
Byrd v. State (Fla. Dist. Ct. App. 1991)

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

BARKETT, Justice.

We have for review State v. Hicks, 558 So.2d 59 (Fla. 2d DCA 1990), in which the district court reversed the trial court’s determination that section 796.01 of the Florida Statutes (1987), was unconstitutional based on State v. Warren, 558 So.2d 55 (Fla. 2d DCA 1990). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. In Warren v. State, 572 So.2d 1376 (Fla. 1991), however, we found section 796.01 unconstitutionally vague. Therefore, we quash Hicks and remand to the district court to affirm the trial court’s dismissal of the information.

It is so ordered.

*1379SHAW, C.J., and OVERTON, McDonald, EHRLICH, GRIMES and KOGAN, JJ., concur.

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