STATE v. WHIDDON

No. 55741.

384 So.2d 1269 (1980)

STATE of Florida, Appellant, v. Talmadge Wayne WHIDDON a/K/a Buddy Whiddon, Horace Cullen Williams a/K/a Buster Williams, Linda Pippen, Leonard Nelson, James Catrett, Terry Williams, Roger Van Fleet, Floyd Allen Simpson, Delmer Stringfield a/K/a "Peewee" Stringfield, and Adrian Collins, Appellees.

Supreme Court of Florida.

July 17, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

Clifford L. Davis, Tallahassee, for Talmadge Wayne Whiddon.

Arthur N. Eggers, Tampa, for Horace Cullen Williams.

Jack O. Johnson, Public Defender, and Karal B. Rushing, Asst. Public Defender, Bartow, for Terry Williams and Adrian Collins.

John Demmi, Tampa, for Roger Van Fleet.

Wayne S. Timmerman, Tampa, for Floyd Allen Simpson.

Pat Whitaker, Tampa, for Delmer Stringfield.

No appearance for Linda Pippen, Leonard Nelson and James Catrett.


OVERTON, Justice.

This is an appeal from a trial court order holding section 943.462, Florida Statutes, known as the Racketeer Influenced and Corrupt Organization [RICO] Act, unconstitutional as applied to appellees. We have jurisdiction under article V, section 3(b)(1), as it existed prior to April 1, 1980, and we reverse in part. We find the RICO Act may be imposed constitutionally as long as one act occurred after the effective date. It cannot, however, be retroactively...

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