STATE v. NICHOLS

No. 1D04-4287.

892 So.2d 1221 (2005)

STATE of Florida, Appellant, v. Bob NICHOLS and Damon A. Nichols, Appellees.

District Court of Appeal of Florida, First District.

February 15, 2005.


Attorney(s) appearing for the Case

William N. Meggs, State Attorney; Matthew A. Smith, Assistant State Attorney, Zachary Ward, Assistant State Attorney and Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellant.

Ronald A. Mowrey, Esquire, Ellen C. Pappas, Esquire and Donna S. Biggins, Esquire of Mowrey & Biggins, P.A., Tallahassee, for Appellees.


BENTON, J.

This is a direct appeal from a county court order that ruled section 370.093(2)(b), Florida Statutes (2000), "unconstitutionally vague and unenforceable." See Art. V, § 4(b)(1), Fla. Const. We reverse, with directions that appellees' judgments of conviction and $250 fines be reinstated.

I.

The charges grew out of events on a fishing expedition in the early morning hours of August 31, 2000, while Florida Fish and Wildlife Conservation...

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