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CLEMENT v. STATE

No. 2D04-1253.

895 So.2d 446 (2005)

William E. CLEMENT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 22, 2005.

Attorney(s) appearing for the Case

W. Cort Frohlich, Louise Hanaoka, and Brian M. Beason of Wilkins, Frohlick, Jones, Russell, Hanaoka & Mizell, P.A., Port Charlotte, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

William Clement challenges his conviction for official misconduct in violation of section 839.25, Florida Statutes (1999).1 Because we conclude that section 839.25 does not apply to candidates for public office, we reverse his conviction.

Clement ran for and won the November 2000 race for Sheriff of Charlotte County, Florida. Three years later, the State charged him with...

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