The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Even if Nicol's arrest for loitering and prowling were invalid, the arrest was still valid since the facts known to the officer would have supported his arrest on a valid, alternative basis. See, e.g., State v. Carmody, 553 So.2d 1366 (Fla. 5th DCA 1989); McCarter v. State, 463 So.2d 546, 549 n. 1 (Fla. 5th DCA 1985). property of another. These statutes, which were first passed in the 1950's, were apparently aimed at the Ku Klux Klan. The Florida Supreme Court found one of these statutes (all of which are virtually identical) unconstitutional in Robinson v. State, 393 So.2d 1076 (Fla. 1980) (holding that statute criminalizing wearing hood or mask on public property was overbroad, and exceptions provided by section 876.16 were not sufficient to cure this fatal overbreadth, nor were the statutory words susceptible of any limiting construction). The legislature apparently attempted to cure these problems in 1981, by the passage of section 876.155, Florida Statutes, which limits the application of these statutes.
Reason # 1 is invalid on three separate points. First, the use of a dangerous weapon is an essential element of the offense of armed robbery, Thorne v. State, 496 So.2d 891 (Fla. 2d DCA 1986), and is thus a factor already taken into account in calculating the guideline sentence. Hendrix v. State, 475 So.2d 1218 (Fla. 1985). Second, since appellant was not convicted of wearing a mask, pursuant to sections 876.13 and 876.155(4), Florida Statutes, the use of this reason violates Florida Rule of Criminal Procedure 3.701(d)(11). Third, the use of the victim's removal from the scene as a reason for departure is also invalid under the Hendrix case since it is an inherent element of the kidnapping in this case.
. . . The legislature apparently attempted to cure these problems in 1981, by the passage of section 876.155 . . .
. . . Second, since appellant was not convicted of wearing a mask, pursuant to sections 876.13 and 876.155( . . .