THE STATE OF FLORIDA, APPELLANT,
v.
WILLIAM LEON HURST, MICHAEL IAN DUSAKTO AND HUGH RAVEN WALKER, APPELLEES

Fla. 3d DCA | 1984-04-17
No. 83-1933
Before SCHWARTZ, C.J., DANIEL S. PEARSON, J„ and M. IGNATIUS LESTER, Associate Judge.
448 So. 2d 612 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 4 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

We agree with Watts v. State, 447 So. 2d 271 (Fla. 2d DCA 1983) that the constitutionality of the Florida loitering and prowling statute, Section 856.021, Florida Statutes (1981), as upheld in State v. Ecker, 311 So. 2d 104 (Fla.1975) is not affected by Kolender v. Lawson, — U.S. —, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983). The trial court held otherwise and the order under review is therefore reversed.

This decision is certified to the Supreme Court of Florida as one which passes upon a question of great public importance as to the continued validity of Section 856.021, Florida Statutes (1981).

Reversed, question certified.

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Cited By

  • State v. Rash, 458 So. 2d 1201 (Fla. 5th DCA 1984)
    …scussion) that while some of the authorities and reasoning in Ecker have since been disapproved in Kolender;5 nevertheless, section 856.021 is still much more definitive than the California statute and hence Ecker still controls. See State v. Hurst, 448 So. 2d 612 (Fla. 3d DCA 1984); Watts v. State, 447 So. 2d 271 (Fla. 2d DCA 1983). We agree with our sister courts. REVERSED and REMANDED for trial. COBB, C.J., and SHARP, J., concur. . District courts of appeal have jurisdiction to review county court order…
  • Hurst v. State, 464 So. 2d 534 (Fla. 1985)
    …PER CURIAM. This case is before us to review the decision in State v. Hurst, 448 So. 2d 612 (Fla. 3d DCA 1984), which the district court has certified as one which passes upon a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The certified question concerns the continued validity of Florida’s loi…

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