State v. Bonsignore

DAUKSCH, Judge.

This is an appeal from an order dismissing a criminal information on the basis that the statute is unconstitutional. We reverse.

Appellee was charged under the felony bookmaking statute, Section 849.25(1), which forbids the “taking or receiving any bet.” He says that because there is a misdemeanor statute, Section 849.14, proscribing the same conduct that the prosecutor is given too much discretion in how to charge a person and that is an unconstitutional denial of equal protection.

We disagree with appellee, the trial judge and the Fourth District Court of Appeal in State v.…