STATE v. PERSON

No. 2D04-807.

903 So.2d 281 (2005)

STATE of Florida, Petitioner, v. Tanika PERSON, Respondent.

District Court of Appeal of Florida, Second District.

June 3, 2005.


Attorney(s) appearing for the Case

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

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


KELLY, Judge.

The State seeks certiorari review of the trial court's order which finds section 812.155(4)(b), Florida Statutes (2001), to be unconstitutional on the ground that it creates a mandatory presumption that relieves the State of its burden of proving an essential element of the offense of failing to return leased property. We hold that the trial court departed from the essential requirements of the law in finding that section 812.155(4)(b) is a mandatory...

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