Legal Opinion

State v. Hayes

District Court of Appeal of Florida

Decided March 21, 1984No. 82-2327PublishedCited by 3 opinions

1Per curiam

REVERSED. We believe the trial court erred in ruling that the provisions of section 831.31, Florida Statutes (1981),1 were *1186facially unconstitutional and dismissing the charges filed against the appellant for allegedly violating the statute.

The appellant contends that the statute is defective because it fails to specifically provide the element of intent to defraud, a defect we found fatal in reviewing another statute in State v. Bussey, 444 So.2d 63 (Fla. 4th DCA 1984). We cannot agree that the lack of such element renders the statute void. Section 831.31, as noted in its title, is directed…

2Cases cited2 opinions

  1. State v. WalkerDistrict Court of Appeal of Florida · 1984
  2. State v. BusseyDistrict Court of Appeal of Florida · 1984

3Cited by3 opinions

  1. State v. PellicciDistrict Court of Appeal of Florida · 1985
  2. JOHNNY RAY GRAHAM v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  3. Schiller v. StateDistrict Court of Appeal of Florida · 1984

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