State v. Sims

SHAW, Justice.

We have for review a decision1 of the district court that cited as controlling authority State v. Ellis, 22 Fla. L. Weekly D1298, - So.2d -, 1997 WL 268503 (Fla. 1st DCA May 22, 1997), which was then pending on review in this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).

Sims was charged with perjury for allegedly lying in a deposition concerning her role in an armed robbery. The trial court found the perjury statute, section 837.011(3), Florida Statutes (1995), unconstitutional, reasoning that the statute removes an…