State v. Riley

381 So.2d 1359 (1980)

STATE of Florida, Appellant,

v.

Richard RILEY, Appellee.

No. 55472.

Supreme Court of Florida.

March 27, 1980.

Jim Smith, Atty. Gen., and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

John R. Howes, Winter Haven, and John C. Wilkins, III, Bartow, for appellee.

ADKINS, Justice.

This cause is before us on direct appeal from an order of the Tenth Judicial Circuit Court directly passing on the constitutionality of a state statute. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

Appellee, hereinafter referred to as defendant, was indicted for official misconduct in…