State v. Hoag

FERGUSON, Judge.

The State appeals from a trial court order dismissing one count of a three-count information. The dismissed count charges the defendants with unlawful discharge of a destructive device in violation of Section 790.161(3), Florida Statutes (1979).

Considering Section 790.161(3) in its general context1 it is obvious that the legisla*417tive purpose 2 is not served by applying the mandatory ten-year imprisonment statute where a person, uses a destructive device,3 in a safe and nondisruptive fashion,4 to demolish his personal property.5 No conceivable public purpose could be served by…