Opinion
No. 96-2818
Opinion filed July 29, 1998 JULY TERM 1998
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. No. 95-022097 CF 10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellant.
H. Dohn Williams, Jr. of H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellee.
We reverse an order dismissing the charges against Appellee on the grounds that section 322.34(1)(a), Florida Statutes, is unconstitutional. The issue here is the same as that recently resolved in State v. Keirn, 23 Fla. L. Weekly D1144 (Fla. 4th DCA May 6, 1998), in which we concluded that said statute is constitutional.
We remand for further proceedings consistent with our opinion inKeirn.
STONE, C.J., KLEIN and GROSS, JJ., concur.