STATE v. GRABARNICK

No. 80-2408.

414 So.2d 1144 (1982)

The STATE of Florida, Appellant, v. Phillip Gene GRABARNICK, Appellee.

District Court of Appeal of Florida, Third District.

June 8, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellant.

Joel Hirschhorn and Harry M. Solomon, Miami, for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.


PER CURIAM.

Appellant, the State of Florida, appeals an order of the trial court granting Phillip Grabarnick's motion to dismiss count four of an information filed against Phillip Grabarnick by holding that Section 817.035(2), (3), Florida Statutes (1977) is unconstitutional. We conclude the Florida Schemes to Defraud statute to be constitutional and, accordingly, reverse.

Section 817.035(2), (3) bears a remarkable...

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