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ENOCH v. STATE

No. 1D10-3443.

95 So.3d 344 (2012)

Naymontie Nashare ENOCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 27, 2012.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender; and Richard M. Summa , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General; and Charmaine M. Millsaps , Assistant Attorney General, Tallahassee, for Appellee.

RAY, J.

Naymontie Enoch appeals his convictions and sentences pursuant to sections 874.05(1) and 874.11, Florida Statutes (2009). At issue is the constitutionality of these statutes enacted to protect the public from crimes committed by criminal gangs. Concluding that section 874.05(1) is constitutional, we affirm the conviction and sentence on that count. However, because section 874.11 substantially treads upon protected...

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