To: longtermmemmory
"The statutory commentary when the statute was enacted indicates as much. I am not goint to sit here are retype my annotated copy of FS."
Too bad for Rush the comments did not make it into the law, eh ?
I wonder if your annotated copy will be allowed in as evidence ?
Did you happen to notice when you went through the FS that all of the elements you cite are chargable seperately ?
98 posted on
02/01/2004 4:28:37 PM PST by
RS
(Just because they're out to get him doesn't mean he's not guilty)
To: RS
If the statute is ambiguous enough to allow the argument, it is ambigious enough to file a notice of intent to challenge the constitutionality. If the judge wants to pass the ball they can then certify the question up to the 4th DCA. (One exit north on I-95)
A defendant needs grounds to argue. The commentary gives such grounds.
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