The STATE of Florida, Appellant,
v.
Joseph Chester MARECHAL, Michael Samuel Newman, Marvin Schneider, Willie Schneider, Wendy Giles, Carl Krantz, Archie Cohen, Ronald Defelicibus, Marvin Elbert Ward, Gustavo Baez and Michael Joseph Elias; Frank Anthony Ambrose; Michael Donovan Clark; Robert Gordon, Jr., Jack Delano Varajao; Anthony William Wilson; and Fenner Phillips, Appellees.
District Court of Appeal of Florida, Third District.https://leagle.com/images/logo.png
September 27, 1988.
Rehearing Denied November 16, 1988.
Attorney(s) appearing for the Case
Robert A. Butterworth, Atty. Gen., and Julie S. Thornton, Asst. Atty. Gen., for appellant.
Mark King Leban, Miami, for appellees Joseph Marechal, et al.
Dubbin, Berkman, Garber, Bloom & Moriber and Barry L. Garber and Andrew H. Moriber, Miami, for appellee Frank Ambrose.
Eugene B. Sauls, Miami, for appellee Michael Clark.
No appearance for appellees Robert Gordon, Jr. and Jack Varajao.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellee Anthony Wilson.
John M. Goodman, Miami, for appellee Fenner Phillips.
Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.
District Court of Appeal of Florida, Third District.
FERGUSON, Judge.
The question presented in this appeal was answered in State v. Cogswell,521 So.2d 1081 (Fla. 1988), which issued after most of the appellees had filed answer briefs. There it was held that section 849.25, Florida Statutes (1985), which gives a prosecutor the discretion to charge a single act of bookmaking as either a felony or a misdemeanor, is not unconstitutional.
One of the appellees, whose brief...
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