T.L.B. v. State

I respectfully dissent for the reasons set out in my dissent in B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993). In my view, section 39.112 was effectively repealed by section 39.061 on October 1, 1990. In this case, T.L.B. was charged and convicted of escape pursuant to section 39.112 which is a nonexistent criminal statute. Accordingly, the judgment below should be reversed. Gironda v. State, 263 So.2d 193 (Fla.1972) (conviction obtained under statute declared unconstitutional must be reversed); Higginbotham v. State, 19 Fla. 557 (1882) (conviction invalid where statute repealed after…