State v. Baugher

Full title: STATE OF FLORIDA, APPELLANT, v. DANNY R. BAUGHER, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 10, 1994

637 So. 2d 384 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1722.

June 10, 1994.

Appeal from the County Court for Seminole County; Frederick M. Hitts, County Court Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, Michael J. Neimand, Asst. Atty. Gen., Miami, and Parker D. Thomson and Carol A. Licko, Sp. Asst. Attys. Gen., Miami, for appellant.

No appearance for appellee.

PER CURIAM.

The county judge granted Baugher's motion to dismiss the information filed against him for misdemeanor stalking¹ on the ground it is unconstitutionally vague and overbroad. The state filed this appeal. We have jurisdiction.²

1 § 784.048(2), Fla. Stat. (Supp. 1992).

2 § 26.012, Fla. Stat. (1993); Fla.R.App.P. 9.030(b)(1).

The trial court's decision is contrary to our opinion in Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994). Accordingly, we reverse and remand for further proceedings.

REVERSED and REMANDED.

COBB, W. SHARP, and THOMPSON, JJ., concur.