WALTER BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1979-02-08
No. 50119
ENGLAND, C. J., and BOYD, OYER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
367 So. 2d 1008 Florida Supreme Court (1979) Negative Treatment
Cited by 32 cases
Topics
Constitutionality Of Statutes

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Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

This appeal is from a judgment of conviction rendered in the County Court of Orange County, Florida. Defendant was found guilty of violating the “open profanity” statute, Section 847.04, Florida Statutes (1975). By denying a Motion to Dismiss, the trial judge passed upon the constitutionality of the statute. Defendant’s appeal to the circuit court was properly transferred to this Court. We have jurisdiction. Article V, Section 3(b)(1), Florida Constitution.

This Court having recently held Section 847.04, Florida Statutes (1975) unconstitutional on its face reverses the judgment of the county court. See Brown v. State, 358 So. 2d 16 (Fla.1978).

It is so ordered.

ENGLAND, C. J., and BOYD, OYER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (16 total)

  • Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)
    …y to the pipeline cases. See, e.g., Jones v. State, 569 So. 2d 1234 (Fla.1990); State v. Jones, 485 So. 2d 1283 (Fla.1986); Bundy v. State, 471 So. 2d 9 (Fla.1985), cert. denied, 479 U.S. 894, 107 S.Ct. 295, 93 L.Ed.2d 269 (1986); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979). The distinction between collateral and nonfinal cases with regard to retrospectivity finds added support in Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987), and United States v. Johnson, 457 U.S. 537, 102 S.Ct. 2…
  • Baker v. State, 425 So. 2d 36 (Fla. 5th DCA 1982)
    …. 2d 449 (Fla. 2d DCA [*51] 1973), traces it to Cribb v. State, 9 Fla. 409, 416 (1861). . See, e.g., Edmond v. State, 280 So. 2d 449 (Fla. 2d DCA 1973), and cases cited therein. . See Borges v. State, 415 So. 2d 1265 (Fla.1982); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979); State v. Munford, 357 So. 2d 706 (Fla.1978); Portee v. State, 392 So. 2d 314 (Fla. 2d DCA 1980). . See, e.g., Stone v. State, 402 So. 2d 1222 (Fla. 5th DCA 1981); James v. State, 399 So. 2d 424 (Fla. 5th DCA 1981); Walker v. State, 386…
    1 / 2
  • Miles v. State, 418 So. 2d 1070 (Fla. 5th DCA 1982)
    …constitutional concept.4 Moreover, the single transaction rule was abolished in Florida, effective October 1, 1976, by the enactment of section 775.-021(4), Florida Statutes. See, e.g., Borges v. State, 415 So. 2d 1265 (Fla.1982); Gonzalez v. State, 367 So. 2d 1008 (Fla.1979); State v. Munford, 357 So. 2d 706 (Fla.1978); Portee v. State, 392 So. 2d 314 (Fla. 2d DCA 1980). Therefore, certainly since October 1, 1976, any argument and any case involving the question of whether an accused can be tried, convicted o…

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