State v. Williams

Full title: THE STATE OF FLORIDA, APPELLANT, v. JERRY WILLIAMS, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 15, 1989

547 So. 2d 347 (Fla. Dist. Ct. App. 1989)

Opinion

Nos. 88-828, 88-830.

August 15, 1989.

Appeals from the Circuit Court for Dade County; Alfonso C. Sepe, Judge.

Robert A. Butterworth, Atty. Gen., and Susan Odzer Hugentugler and Patricia Ann Ash, Asst. Attys. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellee.

Before NESBITT, BASKIN and COPE, JJ.

PER CURIAM.

We reverse the trial court's order dismissing the burglary charges against Jerry Williams. The trial court improperly found section 810.02(1), Florida Statutes (1987), as applied to Williams, violative of the due process clauses of the Florida and United States Constitutions. Dakes v. State, 545 So.2d 939 (Fla. 3d DCA 1989).

Reversed and remanded.