Legal Opinion

S.P. v. State

District Court of Appeal of Florida

Decided November 29, 1995No. 94-04154PublishedCited by 6 opinions

1Opinion of the Court

PARKER, Acting Chief Judge.

The state charged S.P. with throwing a deadly missile at or into an occupied vehicle and battery and also filed a Motion to Declare the Child a Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. The court denied S.P.’s motion and, after an evidentiary hearing, entered an Order Declaring Child a Gang Member. S.P. pleaded no contest, expressly reserving the right to appeal the court’s rulings on the constitutionality of the statutes and the finding that he was a gang member. The trial court adjudicated him delinquent and recommitted…

2Cases cited4 opinions

  1. J.J.S. v. StateDistrict Court of Appeal of Florida · 1985
  2. H.L.L. v. StateDistrict Court of Appeal of Florida · 1992
  3. C.P. v. StateDistrict Court of Appeal of Florida · 1989
  4. R.B. v. StateDistrict Court of Appeal of Florida · 1994

3Cited by6 opinions

  1. A.C. v. StateDistrict Court of Appeal of Florida · 1997
  2. TC v. StateDistrict Court of Appeal of Florida · 1998
  3. AC v. StateDistrict Court of Appeal of Florida · 1997
  4. M.T.H. v. StateDistrict Court of Appeal of Florida · 1996
  5. T.C. v. StateDistrict Court of Appeal of Florida · 1998

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