STATE v. GRUEN

No. 91-51.

586 So.2d 1280 (1991)

The STATE of Florida, Appellant, v. Sheldon GRUEN, Appellee.

District Court of Appeal of Florida, Third District.

October 1, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen., for appellant.

Addison J. Meyers, Anderson, Moss, Parks & Russo, P.A. and G. Richard Strafer, Quinon & Strafer, P.A., for appellee.

Before LEVY, GERSTEN and GODERICH, JJ.


PER CURIAM.

The state appeals from an order granting the defendant's motion to dismiss and finding section 327.33(3)(a), Florida Statutes (1989) unconstitutional. We reverse.

The defendant, Sheldon Gruen, was charged in an amended information with two counts of violation of the navigation rules resulting in a boating accident, as proscribed by section 327.33(3)(a). Count I alleged that the defendant operated a vessel without maintaining a look-out. Count II...

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