STATE v. HIGBY

No. 2D04-2641.

899 So.2d 1269 (2005)

STATE of Florida, Appellant, v. Ricky J. HIGBY, Appellee.

District Court of Appeal of Florida, Second District.

April 27, 2005.


Attorney(s) appearing for the Case

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

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


WALLACE, Judge.

The State appeals the trial court's order granting Ricky J. Higby's motion to dismiss the charge of failure to return leased equipment in violation of section 812.155, Florida Statutes (2000). The trial court found in its order that section 812.155(4)(b) creates a mandatory presumption that relieves the State of its burden to prove an essential element of the offense in violation of the due process clauses of the federal and Florida Constitutions....

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