Opinion
No. 4-86-2242.
November 25, 1987. Rehearing Denied January 8, 1988.
Appeal from the Circuit Court for Broward County; Stanton S. Kaplan, Judge.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Amy L. Diem, Asst. Atty. Gen., West Palm Beach, for appellant.
Michael H. Tarkoff of Flynn and Tarkoff, Miami, for appellee-Lloyd Clayton.
Jane D. Fishman and Paul Stark, Plantation, for appellee-Martin Dudot.
The state appeals the dismissal of an information based on the trial court's finding of selective enforcement and other alleged misconduct on the part of the state. We reverse because the record does not support such a finding of selective enforcement or other misconduct. The appellees have failed to show that they were prosecuted because of an unjustifiable or arbitrary classification or that they were singled out for prosecution. Bell v. State, 369 So.2d 932 (Fla. 1979); United States v. Greene, 697 F.2d 1229 (5th Cir. 1983).
REVERSED and REMANDED.
HERSEY, C.J., and DELL and STONE, JJ., concur.