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State v. Trabert

District Court of Appeal of Florida, Second District
May 18, 1994
637 So. 2d 72 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-03355.

May 18, 1994.

Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellees.


In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida's so-called Hate Crimes Statute, was an unconstitutional violation of appellees' First Amendment rights and, on that basis, struck the resulting enhancement of appellees' sentences. Since the Florida Supreme Court has recently, in State v. Stalder, 630 So.2d 1072 (Fla. 1994), held contrary to that determination that section 775.085 does not unconstitutionally violate the First Amendment, we reverse.

CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.


Summaries of

State v. Trabert

District Court of Appeal of Florida, Second District
May 18, 1994
637 So. 2d 72 (Fla. Dist. Ct. App. 1994)
Case details for

State v. Trabert

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. BREK TRABERT, DANIEL TRABERT, KAREN WOODBY…

Court:District Court of Appeal of Florida, Second District

Date published: May 18, 1994

Citations

637 So. 2d 72 (Fla. Dist. Ct. App. 1994)