State v. Barron

STATE of Florida, Appellant, v. Paul BARRON, Appellee.

District Court of Appeal of Florida

Decided June 10, 1994.

District Court of Appeal of Florida · decided 1994-06-10

Relies on 634 So. 2d 246 - Bouters v. State

Decided 1994-06-10

¶1Robert A. Butterworth, Atty. Gen., Tallahassee, Michael J. Neimand, Asst. Atty. Gen., Miami, and Parker D. Thomson and Carol A. Licko, Sp. Asst. Attys. Gen., Miami, for appellant.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4The county judge granted Barron's motion to dismiss the information filed against him for misdemeanor stalking^[1] on the ground it is unconstitutionally vague and overbroad. The state filed this appeal. We have jurisdiction.^[2]

¶5The trial court's decision is contrary to our opinion in Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994). Accordingly, we reverse and remand for further proceedings.

¶6REVERSED and REMANDED.

¶7COBB, W. SHARP and THOMPSON, JJ., concur.

NOTES

¶8[1] § 784.048(2), Fla. Stat. (Supp. 1992).

¶9[2] § 26.012, Fla. Stat. (1993); Fla.R.App.P. 9.030(b)(1).