State v. Chanel N. Mendez

The State appeals , an. order vacating Chanel . Nicole Mendez’ conviction for counterfeiting a payment instrument or possessing a counterfeit payment instrument in violation of section 831.28(2)(a), Florida Statutes (2014). 1 In granting Mendez’ motion to vacate her conviction, the trial court cited our decision in State v. Thomas, 133 So.3d 1133 (Fla. 5th DCA 2014), where we held that the portion of section 831.28(2)(a) criminalizing mere possession of a counterfeit payment instrument was facially unconstitutional. We reverse. In the instant case, Mendez pled guilty to an information that…