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STATE v. McINNIS

No. 90-1137.

581 So.2d 1370 (1991)

STATE of Florida, Appellant, v. Julian Scaffe McINNIS, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 13, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellant.

Robert L. McLeod, II, Palatka, for appellee Julian Scaffe McInnis.

James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellees Burns, Marshall, and Gustafson.

W. SHARP, Judge.

The state appeals from a final order of the county court in and for the Seventh Judicial Circuit which held section 316.193(4) unconstitutional and which certified the following question as being one of great public importance:

Does section 316.193(4) of the Florida Statutes create a constitutionally impermissible class in its application to those defendants similarly situated and thus violate the equal protection clause of the Fourth and...

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