State v. Bland

In this direct criminal appeal, the state seeks review of an order granting appel-lee’s motion to dismiss the information charging appellee with sexual battery on a mentally defective person. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(A). See State v. Feagle, 604 So.2d 824 (Fla. 1st DCA 1991). Although the trial court granted appellee’s motion to dismiss upon finding that section 794.011(4)(e), Florida Statutes (2007), was unconstitutional as applied to appellee’s sexual acts with the victim, we decline to address this constitutional question…