STATE v. SHORT

No. 85-382.

483 So.2d 10 (1985)

STATE of Florida, Appellant, v. John M. SHORT, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 20, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Frank J. Migliore, Jr., Asst. Atty. Gen., Tampa, for appellant.

Anthony S. Battaglia, Stephen J. Wein, and Kelli Hanley Crabb of Battaglia, Ross, Hastings, Dicus & Andrews, St. Petersburg, for appellee.


DANAHY, Judge.

The trial court dismissed the indictment filed against John M. Short after finding that section 839.25(1)(b), Florida Statutes (1983), the only remaining section of the "official misconduct" statute, is unconstitutional. We disagree and, therefore, order that the indictment be reinstated.

The state filed a two-count indictment charging that:

JOHN M. SHORT, a public servant, to-wit: a duly elected Sheriff of Pasco County, Florida, did...

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