any person with more than 1 pack of drugs would be charged with trafficking for each bag/pack of drugs or any person with more than one image of child porn should only be charged 1 time for them all not for each one.

If this is actually true and factually one should be able to argue that the 100 or 1000 illegal images were downloaded all at the same time and they should only be charged once.

or maybe I’m just an idiot!

So we are sort of the “un-United States of America”. Nobody is in charge and everybody is in charge. I have often wondered when was the last time a judge made a decision after having read the Constitution? More and more it appears “constitutional” is based on the judge’s opinion rather than the written “Constitution”. Has our justice system ventured into the ‘gray area’?

It may be unconstitutional under a state’s constitution and not the US.

You just nailed it Capt.

When it comes to across the board application of laws, this nation is anything but united. I have yet to figure out how something can be un-constitutional in one jurisdiction and constitutional in another. Could it be that we have gotten used to ‘throwing’ around the word ‘constitutional’ so much, that we have totally lost contact with what it really means? Roger is correct in his analysis.

These DCA reversals are all the result of a Florida Supreme Court decision, as indicated in the post. If you read both of these opinions, it’s clear that the DCA disagreed with the Florida Supreme Court and only vacated the excessive convictions because they were ordered to by the Supreme Court.