State v. Richard

INTRODUCTION

The State of Florida appeals from a county court order that refused to assess a civil penalty, mandated by the express terms of section 796.07(6), Florida Statutes (2014), upon a determination that, that statutory provision was unconstitutional. The State contends the trial court’s refusal to impose the mandatory penalty renders the sentence illegal, and further contends that the statute is constitutional. Appellee contends the State does not have the statutory authority to appeal the trial court’s order and that we should dismiss this appeal. For the reasons explained below, we…