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741 So. 2d 1152

State v. Arrington

District Court of Appeal of Florida

Decided August 20, 1999

District Court of Appeal of Florida · decided 1999-08-20

Relies on 729 So. 2d 373 - MEMORIAL HOSPITAL-WEST v. News-Journal · 561 So. 2d 305 - State v. Freund · State v. Coyle

Decided 1999-08-20

NORTHCUTT, Judge.

¶1On appeal, the State challenges the county court’s dismissal of misdemeanor charges against Christy Arrington and Gidget Karlik brought pursuant to section 798.02, Florida Statutes (1997). We have jurisdiction because the county court declared the statute unconstitutional. See State v. Freund, 561 So.2d 305 (Fla. 3d DCA 1990). We have already decided this issue in the State’s favor. See State v. Coyle, 718 So.2d 218 (Fla. 2d DCA 1998), review denied, 729 So.2d 390 (Fla.1999). Accordingly, we reverse. Because the court declared section 798.02 facially unconstitutional, it did not reach the merits of whether Arrington’s and Karlik’s conduct violated the statute. We remand for further proceedings on that issue.

¶2On cross-appeal, Arrington and Karlik contend that the cases against them should be dismissed because their speedy trial rights were violated. We find no merit in their arguments and affirm.

WHATLEY, A.C.J., and DAVIS, J., Concur.
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