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STATE v. BLEY

No. 94-00977.

652 So.2d 1159 (1995)

STATE of Florida, Appellant, v. David F. BLEY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 12, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.

A.R. Mander, III, Greenfelder, Mander, Hanson, Murphy & Dwyer, Dade City, for appellee.

SCHOONOVER, Acting Chief Judge.

The State of Florida appeals an order which found that section 827.04(2), Florida Statutes (1993), was unconstitutional. We reverse.

The appellee, David F. Bley, was charged in the County Court of Pasco County with child abuse, a first degree misdemeanor, in violation of section 827.04(2). He filed a motion to dismiss the information which had been filed against him on the ground that section 827.04(2) was unconstitutional....

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