Hayes v. State

HOBSON, Judge.

David Lee Hayes appeals the denial of a motion to dismiss an information. We affirm.

The state filed an information charging appellant with escape from a juvenile detention center, a third-degree felony. Appellant filed a motion to dismiss the information, attacking the constitutionality of section 39.04(2)(e)4, Florida Statutes (1981). The trial court denied the motion. Appellant subsequently pled no contest but reserved his right to appeal the denial of his motion. The court thereupon adjudicated him guilty and sentenced him.

Our state supreme court held section 39.-04(2)(e)4,…