JOHN S. FREUND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1987-03-18
No. 4-86-0068
HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.
506 So. 2d 437 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur. ORDER

ORDERED that appellant’s petition for rehearing is denied.

FURTHER ORDERED that the following question is certified to the Supreme Court of Florida as one of great public importance:

WHETHER THE FLORIDA SUPREME COURT’S HOLDING IN YOHN V. STATE, 476 S0.2D 123 (FLA.1985), IS VIOLATED WHEN, PRIOR TO ISSUANCE OF THE YOHN OPINION, A TRIAL COURT INSTRUCTS THE JURY WITH THE OLD STANDARD INSTRUCTION ON INSANITY AND ADDS WITHIN THE CHARGE THE SENTENCE, “THE STATE MUST PROVE BEYOND A REASONABLE DOUBT THAT THE DEFENDANT WAS SANE."

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  • Scudder v. Greenbrier C. Condo. Ass'n, Inc., 663 So. 2d 1362 (Fla. 4th DCA 1995)
    …ted, required or permitted. The test utilized to determine the vagueness of a statute, therefore, is whether the statute is specific enough to put persons of common intelligence and understanding on notice of the proscribed conduct. State v. Hodges, 506 So. 2d 437 (Fla. 1st DCA), rev. denied, 515 So. 2d 229 (Fla.1987); Trushin v. State, 475 So. 2d 1290 (Fla. 3d DCA 1985), rev. denied, 486 So. 2d 598 (Fla. 1986). Moreover, it is this court’s obligation to find the statute constitutional if the application of o…
  • State v. H.G. Leavins, Jr., 599 So. 2d 1326 (Fla. 1st DCA 1992)
    …rp. v. Bd. of County Comm’rs of Metro. Dade County, 349 So. 2d 667, 669 (Fla. 3d DCA 1977) (“preservation of the ecological balance of a particular area is a valid exercise of the police power as it relates to the general welfare”); State v. Hodges, 506 So. 2d 437 (Fla. 1st DCA 1987) (regulation of shrimping industry is a valid exercise of the state’s police power), rev. denied, 515 So. 2d 229 (Fla.1987); Graham v. Estuary Properties, Inc., 399 So. 2d 1374 (Fla.1981) (protection of environmentally sensitive a…
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