BRETT WESLEY GREENWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that section 944.47, Florida Statutes (Supp.1978) is not unconstitutionally vague as applied to the appellant's conduct of smuggling contraband into a prison.
[1] A statute is constitutional when its challenged provisions are not vague as applied to the defendant's conduct.
[2] A defendant may only challenge those portions of a statute with which they are charged, as they are unaffected by other provisions.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a prison employee, was convicted under section 944.47 for attempting to smuggle marijuana cigarettes into the prison. He challenged the…
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ADKINS, Justice.
By direct appeal appellant challenges the constitutionality of section 944.47, Florida Statutes (Supp.1978). We have jurisdiction. Art. V, § 3(b)(1), Fla.Const. (1972).
Counsel for appellant has adopted the arguments and briefs presented in Wells v. State, 402 So. 2d 402 (Fla.1981), and, in fact, submits that Wells is determinative of the issues in the instant case. In light of the decisions in both Wells and Clark v. State, 395 So. 2d 525 (Fla.1981), we agree and again uphold the constitutionality of section 944.47 and the appellant’s conviction thereunder. Appellant may challenge only those portions of section 944.47 with which he is charged since he is unaffected by other provisions. State v. Vocelle, 159 Fla. 88, 31 So. 2d 52 (1947). Thus, appellant’s only remaining constitutional challenge is that section 944.47 is vague as applied to his conduct.
Appellant, an employee of the Florida State Prison, attempted to smuggle two marijuana cigarettes into the prison. He was convicted, pursuant to section 944.47, Florida Statutes (Supp.1978), of introducing contraband into the prison and received a sentence of six months incarceration and three years probation. Wells and Clark arise out of similar facts and are dispositive of this case.
“To perceive that smuggling drugs into a prison is prohibited activity requires only a minimum of common understanding. As applied to Wells’ conduct, section 944.47 gave fair notice that her particular behavior was illegal.” Wells v. State, 402 So. 2d at 406. “When appellant brought marijuana into the prison, his conduct was clearly illegal and proscribed in understandable terms.” Clark v. State, 395 So. 2d at 527.
Appellant engaged in essentially the same illegal acts as those held clear and understandable in both Wells and Clark. Section 944.47 is not unconstitutionally vague as applied to Greenway and so we affirm his conviction.
It is so ordered.
SUNDBERG, C. J., and BOYD, OVER-TON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.
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Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994)…onduct with which a defendant is charged.” United States v. National Dairy Products Corp., 372 U.S. at 33, 83 S.Ct. at 598 (citation omitted); see also Parker v. Levy, 417 U.S. 733, 757, 94 S.Ct. 2547, 2562, 41 L.Ed.2d 439 (1974); Greenway v. State, 413 So. 2d 23, 24 (Fla.1982); State v. Olson, 586 So. 2d 1239, 1242 (Fla. 1st DCA 1991). Professor Tribe has summarized the applicable federal principles as follows: As a matter of due process, a law is void on its face if it is so vague that persons “of common…
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Tribune Co. v. L.R. Huffstetler, Jr., 489 So. 2d 722 (Fla. 1986)…Fla.2d DCA 1977). More specifically, the constitutionality of a criminal statute should be determined either in a proceeding wherein one is charged under the statute or in an action alleging an imminent threat of such prosecution. Greenway v. State, 413 So. 2d 23 (Fla.1982); State v. Millington, 377 So. 2d 685 (Fla.1979); Brazil v. Division of Administration, State Department of Transportation, 347 So. 2d 755 (Fla. 1st D.C.A. 1977), disapproved on other grounds, 398 So. 2d 1370 (Fla.1981); Duran v. Wells, 30…
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Se. Volusia Hosp. Dist. v. State, 432 So. 2d 592 (Fla. 1st DCA 1983)…ge section 768.54(3)(c), it is equally clear that they “may not challenge those portions of an enactment which do not adversely affect [their] personal or property rights.” Sandstrom v. Leader, 370 So. 2d 3, 4 (Fla.1979). See also Greenway v. State, 413 So. 2d 23 (Fla.1982). Therefore, appellants have standing to challenge only section 768.-54(3)(c), and not all of section 768.54, because they are adversely affected only by that portion of the statute. We turn then to what we consider to be the dispositive…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Vocelle, 159 Fla. 88 (Fla. 1947)
- Clark v. State, 395 So. 2d 525 (Fla. 1981)
- Wells v. State, 402 So. 2d 402 (Fla. 1981)