Schermerhorn v. State

I concur with the result reached by the majority because Schermerhorn’s constitutional argument is meritless, I write separately jr,because I disagree with the majority’s holding that Schermerhorn failed to preserve his constitutional argument for appeal by failing to adequately cite to a specific state or federal constitutional provision. I would hold that the constitutional argument was preserved but ultimately provides no basis for reversal.

During the in camera hearing on the second day of trial, Shermerhorn’s attorney specifically argued that the statute was unconstitutionally “over…