PEACOCK v. STATE

No. 58591.

404 So.2d 1059 (1981)

Howell PEACOCK, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

October 8, 1981.


Attorney(s) appearing for the Case

Thomas S. Keith and Louis G. Carres, Asst., Public Defenders, Tallahassee, for appellant.

Jim Smith, Atty. Gen. and Doris E. Jenkins, Asst. Atty. Gen., Tallahassee, for appellee.


ALDERMAN, Justice.

Howell Peacock was charged with violating section 943.462(3), Florida Statutes (1977), Florida's Racketeer Influenced and Corrupt Organizations Act. His motion to dismiss on the basis that the RICO Act is unconstitutional was denied, and he pleaded nolo contendere, reserving his right to appeal the constitutional challenges.

The Second Judicial Circuit public defender was appointed to prosecute Peacock's appeal. In his brief filed in accordance...

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