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STATE v. TRABERT

No. 92-03355.

637 So.2d 72 (1994)

STATE of Florida, Appellant, v. Brek TRABERT, Daniel Trabert, Karen Woodby and Judy Woodby, Appellees.

District Court of Appeal of Florida, Second District.

May 18, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellees.

PER CURIAM.

In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida's so-called Hate Crimes Statute, was an unconstitutional violation of appellees' First Amendment rights and, on that basis, struck the resulting enhancement of appellees' sentences. Since the Florida Supreme Court has recently, in State v. Stalder, 630 So.2d 1072 (Fla. 1994), held contrary to that determination that section...

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