BIVENS v. STATE

No. 90-1588.

586 So.2d 442 (1991)

James BIVENS, Petitioner, v. STATE of Florida, and Hon. James T. Carlisle, Hon. Thomas E. Sholts, Hon. Harold J. Cohen, in their capacity as Judges of the Circuit Court Appellate panel, Respondents.

District Court of Appeal of Florida, Fourth District.

September 18, 1991.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for respondents.


LETTS, Judge.

The defendant was charged in county court, under section 370.12(1)(a), Florida Statutes (1989), with possession of "marine turtle... . eggs." (Emphasis on the use of the plural in the statutory language supplied). The trial court found that each individual egg was a "unit of marine life" under section 370.021(2)(c)5, Florida Statutes (1989). Since the defendant possessed 1,088 turtle eggs, the trial judge not only fined the defendant $500 and...

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