Legal Opinion

K.A.N. v. State

District Court of Appeal of Florida

Decided June 14, 1991No. 90-3539PublishedCited by 15 opinions

1Opinion of the Court

ZEHMER, Judge.

K.A.N. appeals an adjudication of delinquency for escaping from a detention facility in violation of section 39.061, Florida Statutes (Supp.1990). Raising two points on appeal, he contends (1) that the evidence was legally insufficient to sustain the finding of guilt under section 39.061, and (2) that section 39.061 is unconstitutional in that it violates the separation of powers clause of the Florida constitution as an invalid delegation of legislative power to the Department of Health and Rehabilitative Services, and it violates the due process clauses of the federal and…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Troedel v. StateSupreme Court of Florida · 1984
  2. State v. RamseySupreme Court of Florida · 1985
  3. Dydek v. StateDistrict Court of Appeal of Florida · 1981
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1991
  5. Lewis v. StateDistrict Court of Appeal of Florida · 1975

3Cited by15 opinions

  1. Johnson v. StateDistrict Court of Appeal of Florida · 1999
  2. Interest of C.L.S. v. StateDistrict Court of Appeal of Florida · 1991
  3. Burke v. StateDistrict Court of Appeal of Florida · 1995
  4. Dan Carmichael McCarthan v. Warden, FCC Coleman - MediumCourt of Appeals for the Eleventh Circuit · 2016
  5. James v. StateDistrict Court of Appeal of Florida · 1999

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