STATE v. BONSIGNORE

No. 87-986.

522 So.2d 420 (1988)

STATE of Florida, Appellant, v. Gary BONSIGNORE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 25, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellant.

Kirk N. Kirkconnell of Muller, Kirkconnell and Linsey, P.A., Winter Park, for appellee.


DAUKSCH, Judge.

This is an appeal from an order dismissing a criminal information on the basis that the statute is unconstitutional. We reverse.

Appellee was charged under the felony bookmaking statute, Section 849.25(1), which forbids the "taking or receiving any bet." He says that because there is a misdemeanor statute, Section 849.14, proscribing the same conduct that the prosecutor is given too much discretion in how to charge a person and that is an unconstitutional...

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