STATE v. WICHMANN

No. 98-02531

726 So.2d 380 (1999)

STATE of Florida, Appellant, v. Rudolph WICHMANN, Jr., Appellee.

District Court of Appeal of Florida, Second District.

February 12, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant.

Donald P. Day of Berry, Day & McFee, P.A., Naples, for Appellee.


CAMPBELL, Acting Chief Judge.

The State challenges the trial court order finding that section 316.193(6)(d), Florida Statutes (1997), violated the due process clause and was accordingly unconstitutional. We reverse because the only party with standing to raise the issue was not properly before the court and, even so, that section of the statute has already been found to be constitutional by the Fourth District in State v. Ginn, 660 So.2d 1118...

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