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STATE v. RYGWELSKI

No. 2D03-3877.

899 So.2d 498 (2005)

STATE of Florida, Petitioner v. John Henry RYGWELSKI, Respondent.

District Court of Appeal of Florida, Second District.

April 22, 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.

WALLACE, Judge.

The State seeks certiorari review of the trial court's order denying John Henry Rygwelski's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2001), but holding section 812.155(4)(b) unconstitutional. The trial court found that section 812.155(4)(b) creates a mandatory presumption that relieves the State of its burden to prove an essential...

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