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STATE v. RICHARD

No. 3D14-2517.

197 So.3d 1097 (2016)

The STATE of Florida, Appellant, v. Milot RICHARD, Appellee.

District Court of Appeal of Florida, Third District.

March 9, 2016.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jeffrey R. Geldens , Assistant Attorney General, for appellee.

Carlos J. Martinez , Public Defender, and Jonathan Greenberg , Assistant Public Defender, for appellant.

Before SHEPHERD, EMAS and LOGUE, JJ.

INTRODUCTION

The State of Florida appeals from a county court order that refused to assess a civil penalty, mandated by the express terms of section 796.07(6), Florida Statutes (2014), upon a determination that that statutory provision was unconstitutional. The State contends the trial court's refusal to impose the mandatory...

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