State v. Vikhlyantsev

THREADGILL, Judge.

This ease is before us for the second time on appeal. The state charged the appellee with cheating in violation of section 817.29, Florida Statutes (1991). In the first appeal, the trial court found that the cheating statute had been repealed by implication by sections 812.012 through 812.037, Florida Statutes, the Florida Anti-Fencing Act. We reversed and remanded for the appellee to be tried under section 817.29. State v. Vikhlyantsev, 602 So.2d 636 (Fla. 2d DCA 1992). On remand the trial court again dismissed the charge, finding section 817.29 unconstitutionally vague.…