Jones v. State

443 So.2d 434 (1984)

Clifford Ray JONES, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 82-1503.

District Court of Appeal of Florida, Fifth District.

January 5, 1984.

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Shawn L. Briese, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a conviction in a burglary case. As his point on appeal, appellant challenges the constitutionality of Section 39.04(2)(e)(4), Florida Statutes (1981).(e) The state attorney shall in…