Dotson v. State

Full title: JAMES EARL DOTSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 15, 1984

446 So. 2d 1084 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-141.

January 18, 1984. Rehearing Denied February 15, 1984.

Appeal from Circuit Court, Palm Beach County; John E. Born, Judge.

Richard L. Jorandby, Public Defender, Margaret Good, Asst. Public Defender, and Karen Jones, Legal Asst., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lydia M. Valenti, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant's conviction under Section 817.563, Florida Statutes (1981), is reversed on the authority of State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984), where the identical issue was recently decided. Also see Jollie v. State, 405 So.2d 418 (Fla. 1981).

REVERSED AND REMANDED WITH DIRECTIONS TO DISCHARGE DEFENDANT.

BERANEK and DELL, JJ., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting:

I concur with the analysis and holding in M.P. v. State, 430 So.2d 523 (Fla. 2d DCA 1983), that Section 817.563, Florida Statutes (1981), is constitutional. Consequently, I would affirm.