STATE v. WELLS

No. 4D06-3425.

965 So.2d 834 (2007)

STATE of Florida, Appellant, v. Jamie WELLS, Appellee.

District Court of Appeal of Florida, Fourth District.

September 12, 2007.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellant.

James S. Benjamin and Peter T. Patanzo of Benjamin & Aaronson, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

Jamie Wells was charged with racing on highway under Florida Statutes section 316.191 (2005) and filed a motion to dismiss challenging the constitutionality of the statute. The trial court granted the motion and found section 316.191 unconstitutional on both vagueness and over-breadth grounds. The State appeals the trial court's ruling. We affirm in part and reverse in part.

Wells was involved in an incident described in a Complaint Affidavit....

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