State v. Petruzzelli

On Rehearing

OVERTON, Justice.

This case is before the court on direct appeal from a final order of the county court, Broward County, which held unconstitutional section 812.14, Florida Statutes (1977), concerning trespass and larceny with relation to utility or cable television fixtures.1 We hereby vacate our original opinion which simply affirmed the trial court order on the basis of MacMillan v. State, 358 So.2d 547 (Fla.1978), without reference to the other issues in the case.2

After an investigation that included the seizure of his electric meter, appellee, Pe-truzzelli, was charged with…