STATE v. KLUTTZ (2020)

District Court of Appeal of Florida, First District.

STATE of Florida, Appellant/Cross-Appellee, v. Luke KLUTTZ, Appellee/Cross-Appellant.

No. 1D18-2215

Decided: January 02, 2020

Ashley Moody, Attorney General, Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellant/Cross-Appellee. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellee/Cross-Appellant Kluttz; Brian L. Tannebaum of Brian L. Tannebaum, P.A., Miami, for Appellee/Cross-Appellant Petagine.

We reverse the trial court's dismissal of the felony-hazing charge and affirm the trial court's decision to allow the State to proceed as to the misdemeanor-hazing charge. See State v. Petagine, No. 1D18-2086, 290 So.3d 991, 2020 WL 20734.

Reversed in part, Affirmed in part, and Remanded.

I respectfully dissent based on the same rationale as my dissenting opinion in State v. Petagine, No. 18-2086, 290 So.3d 991, 2020 WL 20734.

B.L. Thomas, J.

Osterhaus, J., concurs; Bilbrey, J., dissents with opinion.

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