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693 So. 2d 582

State v. Shaw

District Court of Appeal of Florida

Decided February 12, 1997

District Court of Appeal of Florida · decided 1997-02-12

Cited by 1 later decisions — most recently April 2000

1 state decisions

Relies on State v. Barnes

Good law ✅— No negative treatment on recordhow we know

Decided 1997-02-12

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BLUE, Judge.

¶1The State appeals the circuit judge’s order, entered after trial, declaring section 316.1935(2), Florida Statutes (1995), unconstitutional on the ground of vagueness. Based on the recent authority of State v. Barnes, *583686 So.2d 633 (Fla. 2d DCA 1996), we reverse that ruling.

¶2It is not necessary to remand this matter to the trial court for further proceedings. The only matter appealed by the State is addressed by State v. Barnes. Although the trial court entered judgment and sentence on a lesser offense based on its ruling of uneon-stitutionality, the evidence at trial did not support a conviction for the greater offense. Accordingly, we affirm the convictions and sentences as determined and imposed by the trial judge.

¶3Ruling on constitutionality of statute reversed; judgments and sentences affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., concur.
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