STATE OF FLORIDA, APPELLANT,
v.
R.D.P., JR., APPELLEE
STATE OF FLORIDA, APPELLANT,
R.D.P., JR., APPELLEE
752 So. 2d 560
Florida Supreme Court (2000)
Opinion of the Court
PARIENTE, J.
We have on appeal R.D.P. v. State, 735 So. 2d 551 (Fla. 2d DCA 1999), a decision of the district court declaring invalid section 874.074, Florida Statutes (Supp.1996). We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Section 874.04 allows trial courts to enhance the degree of crime under which the defendant is charged on the basis of the defendant’s membership in a criminal street gang. In State v. O.C., 748 So. 2d 945 (Fla.1999), we recently concluded that this statute unconstitutionally violates substantive due process. We therefore affirm the decision of the district court in this case.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. O.C., 748 So. 2d 945 (Fla. 1999)
- R.D.P., Jr. v. State, 735 So. 2d 551 (Fla. 2d DCA 1999)