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STATE v. GILBERT

Nos. 2D03-5426, 2D03-5480, 2D04-809.

880 So.2d 1284 (2004)

STATE of Florida, Appellant, v. Dawn M. GILBERT, John Paul Story, Decarlo Johnson, Appellees.

District Court of Appeal of Florida, Second District.

September 3, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellees.

NORTHCUTT, Judge.

In three separate Polk County cases, Dawn Gilbert, John Paul Story, and Decarlo Johnson were charged with failure to redeliver leased property, a third-degree felony in violation of section 812.155, Florida Statutes (2002). The circuit court dismissed each case based on the defense argument that the statute is a prohibited special law and therefore unconstitutional. The State timely appeals and argues that section 812.155 is not a prohibited special...

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