District Court of Appeal of Florida November 29, 1995, No. 94-04154 (S.P. v. State)

PARKER, Acting Chief Judge.

The state charged S.P. with throwing a deadly missile at or into an occupied vehicle and battery and also filed a Motion to Declare the Child a Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. The court denied S.P.’s motion and, after an evidentiary hearing, entered an Order Declaring Child a Gang Member. S.P.