STATE v. ALECIA

No. 96-1752.

692 So.2d 263 (1997)

STATE of Florida, Appellant, v. Luis Angel ALECIA, Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

James G. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellee.


DAUKSCH, Judge.

Appellant appeals the trial court's judgment declaring a portion of section 843.08, Florida Statutes (1995) unconstitutional and dismissing a charge of falsely assuming or pretending to be a deputy sheriff.

This case began when appellee tried to obtain information about recent suspicious activity in his neighborhood by falsely identifying himself as a deputy sheriff to two of his neighbors. He held out his wallet to make it look like he had...

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