STATE v. CRONIN

No. 1D99-3226.

774 So.2d 871 (2000)

STATE of Florida, Appellant, v. Nash N. CRONIN, Deborah Combs, Craig J. Oswald, Steven Warfield, Lakewood Chiropractic Clinic, P.A., Gerald R. Mart, D.D., Mark E. Klempner, D.C., Casmar Inc., d/b/a Casmar Chiropractic, Appellees.

District Court of Appeal of Florida, First District.

December 29, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Edward C. Hill, Assistant Attorney General, Tallahassee, for appellant.

Nancy A. Daniels, Public Defender; Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee; Henry M. Coxe, III and Aaron Metcalf of Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., Jacksonville; D. Gray Thomas of Sheppard, White & Thomas, P.A., Jacksonville; Robert Stuart Willis of Willis & Ferebee, P.A., Jacksonville, for appellees.


WOLF, J.

This is an appeal from a final order dismissing criminal charges against appellees. The state asserts that the trial court erroneously concluded that in order to pursue a violation of section 817.234(8), Florida Statutes, the state must allege and prove that the solicitation covered by the statute was made with an intent to defraud. While we conclude that fraudulent intent is not an element of the offense defined in the statute, we nevertheless hold that...

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