Summary
In State v. Kessler et al., 626 So.2d 251 (Fla. 4th DCA 1993), we affirmed the dismissal of the RICO counts upon a holding that the RICO statute does not apply to lewdness violations.
Summary of this case from Bordo, Inc. v. StateOpinion
No. 92-2356.
September 22, 1993. Rehearing or Certification and Rehearing En Banc Denied November 24, 1993.
Appeal from the Circuit Court, Broward County, William P. Dimitrouleas, J.
J. Scott Raft, Asst. State Atty., and James P. McLane, Acting Asst. Atty. Gen., Fort Lauderdale, for appellant.
James S. Benjamin and Daniel R. Aaronson, Benjamin Aaronson, P.A., Fort Lauderdale, for appellees.
Thomas F. Luken, Fort Lauderdale, for amicus curiae Fashion Cinema, Inc., and Isabelle and Samuel Munz, and Grafton N. Carlson, Fort Lauderdale, for amicus curiae Margaret Gentile.
The trial court's order being appealed dismissed Counts I and II of the information against appellees, and rejected appellant's contention that lewdness and assignation under section 796.07, Florida Statutes (1989), were predicates to support a RICO prosecution pursuant to chapter 895, Florida Statutes. The trial court did not accept appellant's position that the phrase "relating to prostitution" in section 895.02(1)(a)(16), Florida Statutes (1989), included lewdness and assignation. We agree and affirm.
GLICKSTEIN, FARMER and KLEIN, JJ., concur.