STATE v. CUNNINGHAM

No. 97-03010.

712 So.2d 1221 (1998)

STATE of Florida, Appellant, v. Lisa Marie CUNNINGHAM, Appellee.

District Court of Appeal of Florida, Second District.

June 26, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

Bob Dillinger, Public Defender, and Stephen L. Romine, Assistant Public Defender, Clearwater, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant, the State of Florida, challenges the trial court order finding section 794.05, Florida Statutes (Supp.1996), which is the successor statute to the "statutory rape" law, unconstitutional on privacy grounds. While we conclude that the order on appeal is well-reasoned and well-written, we are nevertheless of the opinion that the able trial judge arrived at the wrong conclusion. Accordingly, we must reverse.

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