Hernandez v. State

OPINION OF THE COURT

RICHARD YALE FEDER, Judge.

This is an appeal from a conviction for violation of section 810.08(1), F.S., the so-called “Trespass after Warning” statute, when appellant refused to leave Hialeah Racetrack, though previously warned by the track and by a Racing Commission Order banning his attendance at *183any racing track, because of his prior conviction for cocaine possession while a Calder Race Track Concessionaire. The Appellant had purchased a ticket as a patron and was not in any way obstructing the function of the Hialeah track.

A majority of this Court, upon breaking from…