STATE v. SUMMERS

No. 94-01440.

651 So.2d 191 (1995)

STATE of Florida, Appellant, v. Arthur L. SUMMERS, Appellee.

District Court of Appeal of Florida, Second District.

February 24, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellant.

Donald P. Day of Berry and Day, P.A., Naples, for appellee.


THREADGILL, Judge.

The state appeals an order of the Collier County Court that declares section 316.193(6)(d), Florida Statutes (Supp. 1994), unconstitutional. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A) and section 26.012(1), Florida Statutes (1993). Because the appellee did not have standing to challenge that portion of the statute upon which his constitutional argument was based, we reverse.

The appellee's challenge...

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