State v. Menuto

Appellee has moved for rehearing, clarification, rehearing en banc, and certification. We deny the motion. However, we withdraw our opinion dated February 4, 2005, and substitute the following in its place. This substitute opinion contains minor changes to the first two paragraphs under the heading ""Statutory Construction."" Otherwise, the opinion is unchanged, and the result is the same. No further motions will be entertained. When the trial court dismissed the information against Mathew Sabastian Menuto, it held that section 790.23(1)(b), Florida Statutes (2002), was unconstitutional. We agree with the State that the statute withstands Menuto's constitutional challenges, and we reverse.