State v. Cook

LaROSE, Judge.

The State appeals the trial court’s order dismissing two counts of a five-count information. Count three charged Edward Cook with unlicensed roofing contracting; count five charged Mr. Cook with unlicensed plumbing contracting. The State *1014charged both counts as felonies under section 489.127(2)(b), Florida Statutes (2001), because Mr. Cook previously was found guilty of unlicensed residential contracting. Adjudication was withheld on that charge.

The trial court found section 489.127(2)(b) ambiguous. Therefore, applying the rule of lenity,1 it found that counts three and five…