26 Fla. L. Weekly D1747b
Criminal law — Insurance fraud — Unlawful insurance solicitation — Statute is unconstitutional
CHARLES BRADFORD, Appellant, v. STATE OF FLORIDA, Appellee. 4th District. Case No. 4D98-2480. Opinion filed July 18, 2001. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce A. Julian, Judge; L.T. Case No. 97-1788 CF10A. Counsel: Michael E. Dutko of Bogenschutz & Dutko, P.A., Fort Lauderdale, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.ON REMAND
(POLEN, C.J.) Charles Bradford, a chiropractor, originally appealed to this court from the denial of his motion to dismiss the state’s information charging him with unlawful insurance solicitation in violation of section 817.234(8), Florida Statutes (1997). He argued the statute was unconstitutional. We affirmed. Bradford v. State, 740 So. 2d 569 (Fla. 4th DCA 1999).
Recently, the Florida supreme court disagreed, quashed this court’s opinion, and remanded the cause with instructions that Bradford’s conviction be reversed. State v. Bradford, No. SC96910 (Fla. May 31, 2001) [26 Fla. L. Weekly S369 & 401]. Following this mandate, we hereby hold that Bradford’s conviction and sentence must be reversed.
REVERSED. (DELL and HAZOURI, JJ., concur.
