STATE v. HOSTY

No. 4D02-3457.

835 So.2d 1202 (2003)

STATE of Florida, Petitioner, v. Brunel HOSTY, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 17, 2003.


Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for petitioner.

Alan H. Schreiber, Public Defender, and Donald J. Cannarozzi, Assistant Public Defender, Fort Lauderdale, for respondent.


GROSS, J.

This is a petition for writ of certiorari filed by the state challenging an order by the circuit court which granted the respondent's motion to strike the state's notice given under section 90.803(24)(b), Florida Statutes (2001), and which declared the statute unconstitutional as it concerns disabled adults. We deny the petition.

In the proceedings below, respondent, Brunel Hosty, was charged with sexual battery on a person who was mentally defective...

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