STATE v. MENUTO

No. 2D03-4838.

912 So.2d 603 (2005)

STATE of Florida, Appellant, v. Mathew Sabastian MENUTO, Appellee.

District Court of Appeal of Florida, Second District.

May 4, 2005.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellant.

Jawdet I. Rubaii and Jack F. White, III, of Jawdet I. Rubaii, P.A., Clearwater, for Appellee.


WALLACE, Judge.

When the trial court dismissed the information against Mathew Sabastian Menuto, it held that section 790.23(1)(b), Florida Statutes (2002), was unconstitutional. We agree with the State that the statute withstands Menuto's constitutional challenges, and we reverse.

The information alleged that in December 2002, Menuto was under twenty-four years of age when he had in his care, custody, possession, or control a firearm. The information further...

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