STATE v. BARNES

No. 96-01047.

686 So.2d 633 (1996)

STATE of Florida, Appellant, v. Larry William BARNES, Jr., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 17, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellee.


LAZZARA, Judge.

The state of Florida appeals the trial court's order declaring section 316.1935(2), Florida Statutes (1995), unconstitutionally vague. Because we conclude that the statute as applied to the alleged conduct of the appellee is not facially void for vagueness, we reverse and remand for further proceedings.

In 1994, the Florida legislature amended section 316.1935, Florida Statutes (1993), which prohibited fleeing or attempting to elude a police...

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