Legal Opinion

State v. Maloy

District Court of Appeal of Florida

Decided July 16, 2002No. 1D02-1200PublishedCited by 1 opinion

1Opinion of the CourtAllen, C.J.

The state appeals an order dismissing six counts of a criminal information filed against the appellee, based on acts committed while the appellee served as a coun*816ty commissioner. We conclude that the trial court correctly determined that section 112.061(10), Florida Statutes, provides the exclusive means of prosecution for the alleged acts, and that, the six counts charging other offenses were properly dismissed.

The appellee was charged with official misconduct and multiple counts of grand theft and petit theft. He filed a motion to dismiss, and it was indicated that the charged crimes were…

2Cases cited4 opinions

  1. Adams v. CulverSupreme Court of Florida · 1959
  2. State v. RifeSupreme Court of Florida · 2001
  3. Burnett v. StateDistrict Court of Appeal of Florida · 1998
  4. State v. CroyDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. Clement v. StateDistrict Court of Appeal of Florida · 2005

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