STATE OF FLORIDA, APPELLANT,
v.
ROBERT EDWARD SHAW, APPELLEE
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BLUE, Judge.
The State appeals the circuit judge’s order, entered after trial, declaring section 316.1935(2), Florida Statutes (1995), unconstitutional on the ground of vagueness. Based on the recent authority of State v. Barnes, 686 So. 2d 633 (Fla. 2d DCA 1996), we reverse that ruling.
It is not necessary to remand this matter to the trial court for further proceedings. The only matter appealed by the State is addressed by State v. Barnes. Although the trial court entered judgment and sentence on a lesser offense based on its ruling of uneon-stitutionality, the evidence at trial did not support a conviction for the greater offense. Accordingly, we affirm the convictions and sentences as determined and imposed by the trial judge.
Ruling on constitutionality of statute reversed; judgments and sentences affirmed.
ALTENBERND, A.C.J., and NORTHCUTT, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Beree v. State, 755 So. 2d 783 (Fla. 1st DCA 2000)…Beree caused the pursuing officer to engage in a “high-speed vehicle pursuit,” we reverse and remand for the trial court to enter a conviction for misdemeanor fleeing and eluding under section 316.1935(1), Florida Statute (1997). See State v. Shaw, 693 So. 2d 582, 583 (Fla. 2d DCA 1997); see generally Travis v. State, 700 So. 2d 104 [*784] (Fla. 1st DCA 1997); State v. Barnes, 686 So. 2d 633 (Fla. 2d DCA 1996). Reversed and remanded with directions. MINER, BENTON, and BROWNING, JJ., CONCUR.…
Authorities Cited
- State v. Barnes, 686 So. 2d 633 (Fla. 2d DCA 1996)