MENEFEE v. STATE

No. 5D07-2590.

980 So.2d 569 (2008)

James W. MENEFEE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 2008.


Attorney(s) appearing for the Case

Wm. J. Sheppard and D. Gray Thomas, of Sheppard, White, Thomas & Kachergus, P.A., Jacksonville, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

In this appeal from a judgment and sentence for commission of the offense of misdemeanor stalking, the appellant, James W. Menefee, Jr., asserts that he was erroneously convicted because the method by which he chose to stalk was with his ham radio. More specifically, he contends that the federal government has preempted the field of regulation of ham radio operations, and that the State is without jurisdiction to prosecute him because the Federal Communications...

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