Opinion
No. 3D04-1244.
April 12, 2006.
An Appeal from the Circuit Court for Miami-Dade County, Mary Barzee, Judge.
Charles J. Crist, Jr., Attorney General, and Jennifer Falcone Moore, Assistant Attorney General, for appellant.
Roberto D. Stanziale, Ft. Lauderdale, for appellee.
Before GERSTEN, RAMIREZ, and SHEPHERD, JJ.
Based on the parties' stipulation at the trial level as to the controlling effect of State v. Harden, 873 So.2d 352 (Fla. 3d DCA 2004) (finding section 409.920(2)(e), Florida Statutes, unconstitutional), appeal pending, No. SC04-613, we hereby affirm.