State v. Gilbert

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, ) ) Appellant, ) ) v. ) ) DAWN M. GILBERT, JOHN PAUL ) STORY, DECARLO JOHNSON, ) ) Appellees. ) _________________________________ ) Case Nos. 2D03-5426 2D03-5480 2D04-809 CONSOLIDATED Opinion filed September 3, 2004. Appeals from the Circuit Court for Polk County; Susan W. Roberts, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellees. NORTHCUTT, Judge. In three separate Polk County cases, Dawn Gilbert, John Paul Story, and Decarlo Johnson were charged with failure to redeliver leased property, a third-degree felony in violation of section 812.155, Florida Statutes (2002). The circuit court dismissed each case based on the defense argument that the statute is a prohibited special law and therefore unconstitutional. The State timely appeals and argues that section 812.155 is not a prohibited special law and is, therefore, constitutional. In related cases, this court recently agreed with the State's position and held that the statute is constitutional. State v. Rose, 29 Fla. L. Weekly D1548 (Fla. 2d DCA June 30, 2004) (reversing dismissal of criminal charges). Based on Rose, we reverse the dismissal of criminal charges against Gilbert, Story, and Johnson. Reversed and remanded. SALCINES and COVINGTON, JJ., Concur. -2-

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