JEFFREY M. VERNOLD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that section 856.011, Florida Statutes (1977), is facially constitutional.
Defendant was convicted of disorderly intoxication after pleading nolo contendere. The appeal concerned the constitutionality of the statute under whi…
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ALDERMAN, Judge.
We have for review by direct appeal the judgment of the County Court for Pinellas County adjudicating Jeffrey Vernold guilty of the offense of disorderly intoxication. We have jurisdiction because, an order denying the defendant’s motions to dismiss, the county court upheld the constitutionality of section 856.011, Florida Statutes (1977).
The pertinent part of section 856.011 provides:
(1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.
The only question properly before us is the facial constitutionality of section 856.-011. We find that it is constitutional and affirm the judgment of the county court. State v. Holden, 299 So. 2d 8 (Fla.1974). See also White v. State, 330 So. 2d 3 (Fla.1976); State v. Saunders, 339 So. 2d 641 (Fla.1976); S. H. B. v. State, 355 So. 2d 1176 (Fla.1978).
We need not consider the defendant’s argument that the statute is unconstitutional as applied to him. Defendant’s plea of nolo contendere, for the purposes of this prosecution, admitted the facts alleged in the information. Vinson v. United-States, 345 So. 2d 711 (Fla.1977). He may not now challenge these facts as he is attempting to do in this appeal. Martinez v. State, 368 So. 2d 338 (Fla.1978).
Accordingly, the judgment of the trial court is affirmed.
It is so ordered.
ENGLAND, C. J., and BOYD, OYER-TON and SUNDBERG, JJ., concur. ADKINS, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Carmine Charles Robert Falco v. State, 407 So. 2d 203 (Fla. 1981)…tional and affirm the judgment of' the circuit court. We next consider appellant’s argument that the statute is unconstitutional as applied to him. The state argues in its brief that this Court’s recent decision in a similar case, Vernold v. State, 376 So. 2d 1166 (Fla. 1979), precludes such a challenge subsequent to a plea of nolo contendere. In Vernold the defendant challenged the validity of Florida’s disorderly intoxication statute, section 856.011, by a motion to dismiss, which motion was denied by the t…
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Montville Labadie v. State, 840 So. 2d 332 (Fla. 5th DCA 2003)…hat the weight of the cannabis, an essential element of the crime, was more than 25 pounds. By pleading guilty as charged, Labadie admitted all of the facts alleged in the information, which included the weight of the cannabis. See Vernold v. State, 376 So. 2d 1166 (Fla.1979); Stovall v. State, 252 So. 2d 376, 378 (Fla. 4th DCA 1971). [*335] Labadie has cited many federal cases in his appeal. After reviewing them, we find none applicable to this case. AFFIRMED. SAWAYA and PLEUS, JJ., concur. . §§ 893.135(1)…
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Crews v. State, 183 So. 3d 329 (Fla. 2015)…serving the right to appeal the denial of his .motions to dismiss. The court adjudicated Petitioner guilty, of the charged offenses. By pleading nolo con-tendere, Petitioner admitted the facts alleged in the information. See, e.g., Vernold v. State, 376 So. 2d 1166, 1167 (Fla.1979). A defendant pleading nolo conten-dere can reserve only legal issues for appeal. See Falco v. State, 407 So. 2d 203, 206 (Fla.1981). Whether a statute applies to a given set of facts is a legal issue. See Koile v. State, 934 So. 2d…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Saunders, 339 So. 2d 641 (Fla. 1976)
- White v. State, 330 So. 2d 3 (Fla. 1976)
- Hutchins v. State, 345 So. 2d 711 (Fla. 1977)
- Martinez v. State, 368 So. 2d 338 (Fla. 1978)
- S.H.B. v. State, 355 So. 2d 1176 (Fla. 1977)
- State v. Holden, 299 So. 2d 8 (Fla. 1974)