STATE OF FLORIDA, APPELLANT,
v.
MONTY RAY BELGRAVE AND STEPHEN ROGER SMITH, APPELLEES
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The court held that Section 812.014, Florida Statutes (1977), is not unconstitutionally overbroad and includes the element of specific criminal intent.
The state appealed a trial court order dismissing criminal charges against appellees based on the alleged unconstitutionality of Section 812.014, Flor…
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PER CURIAM.
This cause is before us on appeal by the state from a trial court order granting a motion to dismiss the charges against appel-lees. The order was expressly grounded upon the trial judge’s finding that Section 812.014, Florida Statutes (1977), “is unconstitutionally overbroad in scope in that it does not require proof of criminal intent.” We have recently rejected the contention that Section 812.014 is unconstitutionally vague or overbroad. State v. Allen, 362 So. 2d 10 (Fla.1978); Dunnigan v. State, 364 So. 2d 1217 (Fla.1978).
An additional point raised by appellees in their motion to dismiss that was not expressly ruled upon by the trial judge and has not previously been addressed by this Court is that Section 812.014 violates the constitutional prohibition against cruel and unusual punishment. Inasmuch as this argument rests entirely upon the premise that the statute is fatally overbroad because it penalizes innocent conduct — an assertion put to rest by our holding in Allen, supra, that Section 812.014 includes the element of specific criminal intent — it is without merit.
The order entered below, dismissing the informations against appellees on the ground that Section 812.014, Florida Statutes (1977), is unconstitutional, is reversed, and this case is remanded to the trial court for further proceedings not inconsistent with this opinion.
It is so ordered.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (57 total)
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Woulard v. State, 365 So. 2d 143 (Fla. 1978)…CURIAM. The order of the trial judge, denying the motion to dismiss on the grounds that Section 812.014 is unconstitutional, is affirmed. See State v. Allen, 362 So. 2d 10 (Fla.1978); State v. Lewis, 364 So. 2d 1223, (Fla. 1978); State v. Belgrave, 364 So. 2d 1225, No. (Fla. 1978); Dunnigan v. State, 364 So. 2d 1217, (Fla. 1978). This case is transferred to the District Court of Appeal, Fourth District, for consideration of the remaining issues raised by appellant. ENGLAND, C. J., and ADKINS, BOYD, OVERTON,…
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State v. Dickinson, 370 So. 2d 762 (Fla. 1979)…ited. We have jurisdiction to review this direct appeal under Article V, Section 3(bXl), Florida Constitution. We extend our reasoning in State v. Allen, 362 So. 2d 10 (Fla.1978); State v. Lewis, 364 So. 2d 1223 (Fla., 1978); and State v. Belgrave, 364 So. 2d 1225 (Fla., 1978), to this case and hold that Sections 812.012 to 812.028, Florida Statutes (1977), are constitutionally sound because reasona [*763] ble persons have adequate notice of the types of conduct proscribed by these statutes. The trial court…
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In the Interest of D.N. v. State, 529 So. 2d 1217 (Fla. 1st DCA 1988)…officials and allows selective prosecution. Dunnigan v. State, 364 So. 2d 1217 (Fla.1978). The court has also rejected the argument that section 812.014 violates the constitutional prohibition against cruel and unusual punishment, State v. Belgrave, 364 So. 2d 1225 (Fla.1978), and has held that the title of the bill enacting section 812.014 meets constitutional requirements. Williams v. State, 370 So. 2d 1143 (Fla.1979). In State v. Allen, 362 So. 2d 10 (Fla.1978), the trial court had found the statute invali…
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- State v. Allen, 362 So. 2d 10 (Fla. 1978)
- Dunnigan v. State, 364 So. 2d 1217 (Fla. 1978)