State v. Baugher

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

PER CURIAM.

¶1The county judge granted Baugher’s motion to dismiss the information filed against him for misdemeanor stalking1 on the ground it is unconstitutionally vague and overbroad. The state filed this appeal. We have jurisdiction.2

¶2The 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.

¶3REVERSED and REMANDED.

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

¶4. § 784.048(2), Fla.Stat. (Supp.1992).

¶5. § 26.012, Fla.Stat. (1993); Fla.R.App.P. 9.030(b)(1).