STATE OF FLORIDA,
V.
FRANK LANDRY,
Defendant.
CASE NO. 96-09369 OPASP
ORDER GRANTING DEFENDANT'S MOTION
TO DISMISS BASED UPON DEFENDANT'S RELIANCE UPON THE COURT'S RULING
THAT FLORIDA STATUTE 316.211 IS UNCONSTITUTIONAL
THIS CAUSE coming before the Court on May 8, 1996 to be
heard upon the Defendant's Motion to Dismiss Based upon the
Unconstitutionality of Florida Statute 316.211(1), the Court having
heard testimony of the Defendant, argument of Counsel and having
reviewed case law and being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED THAT the DEFENDANT'S Motion is GRANTED
based upon the Defendant's reliance upon the Court's ruling in State
v. David Raynal, Case No. 94-22863 OMANC (North Pinellas County
Traffic Court 12-8-95) and State ex rel Williams v. Whitman, 156 So.
705 (Fla. 1934).
DONE AND ORDERED in St. Petersburg, Pinellas County,
Florida, this Eighth day of May, 1996.
RADFORD W. SMITH
COUNTY JUDGE
cc:
Ron Smith, Esquire
County Attorney
State Attorney
Attorney General
Pinellas County