STATE v. PHILLIPS

No. 90-2168.

575 So.2d 1313 (1991)

STATE of Florida, Petitioner, v. Steven PHILLIPS and Cory Williams, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification of Question Denied April 3, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for petitioner.

Alan H. Schreiber, Public Defender, Seventeenth Judicial Circuit and Susan L. Porter, Asst. Public Defender, Fort Lauderdale, and Johnny McCray, Pompano Beach, for respondents.


WARNER, Judge.

This petition for writ of certiorari challenges the trial court's order holding unconstitutional a portion of section 800.04, Florida Statutes (1989), providing that consent is not a defense to violations of the statute prohibiting, in general, sexual acts performed on a child under the age of sixteen. The state challenges both the standing of the respondents to raise the issue and the holding of unconstitutionality.

Briefly, the respondents...

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