King v. State

ON MOTION FOR REHEARING AND CLARIFICATION

HARRIS, Judge.

Herbert Wilson King has moved for rehearing and clarification of our previous per curiam affirmed opinion. We grant his request.

In 1995, King was charged with violations of section 794.01, Florida Statutes, which were alleged to have occurred in 1970 and 1972. Although the statute was repealed in 1974, the trial court held that King should be prosecuted under the statute as it existed on the date of the offenses. We agree and affirm.

Article X, Section 9 of the Florida Constitution provides that “Repeal or amendment of a criminal statute…