STATE v. VELAZQUEZACEVEDO (2025)

District Court of Appeal of Florida, Sixth District.

STATE of Florida, Appellant, v. Anthony W. VELAZQUEZACEVEDO, Appellee.

Case No. 6D2023-3600

Decided: August 22, 2025

James Uthmeier, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellant. Blair Allen, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellee.

For the reasons stated in State v. Herard, 50 Fla. L. Weekly D1822 (Fla. 6th DCA Aug. 15, 2025), we reverse the trial court's dismissal of the Information in this case and remand for further proceedings consistent with our opinion in Herard.

REVERSED and REMANDED.

I concur in part, dissent in part, for the reasons expressed in State v. Herard, 50 Fla. L. Weekly D1822 (Fla. 6th DCA Aug. 15, 2025) (White, J., concurring in part, dissenting in part), and would affirm the trial court's dismissal of the Information in this case.¹

FOOTNOTES

1. Under the circumstances, I decline to adopt the majority opinion in Herard. See Normandy Ins. Co. v. Bouayad, 372 So. 3d 671, 695–99 (Fla. 1st DCA 2023) (Tanenbaum, J., concurring in the denial of rehearing en banc).

PER CURIAM.

GANNAM, J., and LAMBERT, B.D., Associate Judge, concur. WHITE, J., concurs in part, dissents in part, with opinion.

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