STATE v. CUDA

Nos. 92-1950, 92-2227.

622 So.2d 502 (1993)

STATE of Florida, Appellant, v. James CUDA a/k/a Jay Cuda and Michael A. Boland, Appellees.

District Court of Appeal of Florida, Fifth District.

July 16, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellant.

Flem K. Whited, III, Daytona Beach, for appellees.

James T. Miller, Florida Ass'n of Crim. Defense Lawyers, Jacksonville, Robert A. Harper, Jr., Florida Ass'n of Crim. Defense Lawyers, Tallahassee, and Donnie Murrell, Jr., Florida Ass'n of Crim. Defense Lawyers, West Palm Beach, amicus curiae.


PETERSON, Judge.

We have consolidated these two appeals because they have as a common issue the determination by the respective trial courts that section 415.111(5), Florida Statutes (1991), is unconstitutionally vague. The charges based upon violations of this statute were dismissed and the state appeals. We reverse.

To punish those who would exploit the impaired elderly citizens of this state by diverting those elderly persons' funds for their own purposes...

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