STATE OF FLORIDA, APPELLANT,
v.
CAROLYN WALKER, APPELLEE

Fla. | 1984-12-20
No. 64916
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur., ALDERMAN, J., dissents.
461 So. 2d 108 Florida Supreme Court (1984) Caution
Cited by 36 cases

Opinion of the Court
ADKINS, Judge.

ADKINS, Judge.

Affirmed.

We adopt the opinion of Judge Grimes in State v. Walker, 444 So. 2d 1137 (Fla. 2d DCA 1984).

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.


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Cited By (17 total)

  • State v. Adkins, 96 So. 3d 412 (Fla. 2012)
    …o achieving a legitimate legislative purpose and interfered with the property rights of individuals who used those items for noncriminal purposes. See State v. Saiez, 489 So. 2d 1125 (Fla.1986); State v. Walker, 444 So. 2d 1137 (Fla. 2d DCA), aff'd, 461 So. 2d 108 (Fla.1984) (adopting district court of appeal’s opinion); Delmonico v. State, 155 So. 2d 368 (Fla.1963). The provisions of chapter 893 at issue in the present case are readily distinguishable from those cases in which definitions of particular crim…
  • Schmitt v. State, 590 So. 2d 404 (Fla. 1991)
    …t subsection 827.071(l)(g) violates Florida’s guarantee of due process. Art. I, § 9, Fla. Const. We previously have stated the applicable rule: As Judge Grimes phrased it in [State v. Walker, 444 So. 2d 1137, 1140 (Fla. 2d DCA), affirmed & adopted, 461 So. 2d 108 (Fla.1984)], “without evidence of criminal behavior, the prohibition of this conduct lacks any rational relation to the legislative purpose” and “criminalizes activity that is otherwise inherently innocent.” Such an exercise of the police power is u…
  • State v. Salvadore Saiez, 489 So. 2d 1125 (Fla. 1986)
    …gitimate state objectives and did not violate due process), appeal dismissed sub nom. Wall v. Florida, 454 U.S. 1134, 102 S.Ct. 988, 71 L.Ed.2d 286 (1982). In State v. Walker, 444 So. 2d 1137 (Fla. 2d DCA), affirmed and lower court opinion adopted, 461 So. 2d 108 (Fla.1984), the defendant had been charged with violating section 893.13(2)(a)7, Florida Statutes (1981), which prohibited the possession of a lawfully dispensed controlled substance in any container other than that in which the [*1129] substance wa…

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